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Evidence - Coggle Diagram

- - - - direct exam
        
        prosecution can't initiate
      - cross-exam
        
        D can use it to prove innocence
        
        can be used by D or another witness to impeach
    - - direct exam
        
        not admissible unless already at issue, ie child custody and defamation cases
      - cross-exam
        
        party or witness may bring in to impeach
- - - - GR inadmissible unless no better evidence exists
        
        based on witness's perception
        
        helpful for a clear understanding of fact or issue
        
        not based on scientific, technical, or specialized knowledge
    - - is it needed? supported by facts?
        
        science/tech/special knowledge
        
        witness qualifies as expert
        
        opinion is backed with reas certainty
        
        opinion supported by proper factual basis
        
        personal knowledge
        
        facts made known at trial
        
        facts made known out of court
        
        facts don't have to be admissible in court on their own
        
        must be the kind reas relied on by experts in the field
  - - - prior inconsistent statements
        
        don't need to show to witness, but do for enemy atty on request
      - bias/interest
      - criminal convictions
        
        crimes of dishonesty, ex fraud or perjury, can't be excluded, no time limit
        
        felonies not involving dishonesty
        
        may be excluded
        
        can't be too remote
        
        10 years since charged or released is limit, after that can't bring it up usually
        
        balancing test, probity can't be outweighed by prejudice
        
        if not the witness, prejudice must substantially outweigh probity to keep it out
    - - witness needs chance to ecplain, adverse party needs chance to examine witness about it (not admissions of party opponent)
        
        interrogation of prior bad acts is usually admissible if probative, but not if extrinssic
      - reputation
        
        can impeach with poor rep for truth
- - - - former testimony
        
        at a trial, hearing, or lawful deposition
        
        against a party with opp and similar motive to develop via direct/cross/redirect
      - Statements against interest
        
        reas person in declarant's position would make only if true
        
        contrary to declarant's interes
        
        corroborating circ to clearly indicate trustworthiness
      - Dying Declarations
        
        made by declarant believing death to be imminent
        
        about cause or circ of death
      - Statement of personal or family history
      - statement offered against the party who made the declarant unavailable
    - - Present state of mind of phys condition
        
        must be then existing state, not memory or belief
      - excited utterance
        
        relating to a startling event or condition while still under the stress or excitement
      - Present Sense impressions
        
        describing/explaining an event or condition
        
        made during or immediately after perception
      - Business Records
        
        made at/near the time by someone with knowledge
        
        kept in the course of a regularly conducted activity of a business or organization
        
        making the record was a regular practice
        
        shown by certification or custodian's testimony
        
        neither source nor method of prep indicate it's untrustworthy
      - public records
        
        record sets out the office's activities
        
        of a matter observed while under a legal duty to report
        
        neither source nor other circ indicate it's untrustworthy
      - Past Recollection Recorded
        
        record on a matter the witness once knew but now can't recall
        
        was made/adopted by witness when fresh in their memory
        
        accurately reflects the witness' knowledge
        
        may be read into evidence
        
        may only be received as exhibit if offered by an adverse party
    - - privilege
      - refuse to testify
      - lack of memory
      - death or phys/mental illness
      - beyond court's subpoena power and won't attend
- - - - Certified public documents by clerk of agency/court w/ custody
      - Acknowledged documents - notarized, sworn to truth, content, execution (not wills)
      - Label, tag, or trademark put on in normal course of business
      - Newspapers and periodicals with a wide circulation
      - Instruments - negotiable and commercial paper
      - Sealed documents (gov certified)
      - Official publications issued by a public authority
    - - ID that they're a portrayal of relevant facts and (don't need the photographer/an expert)
      - that they're a correct representation of the facts