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Evidence - Coggle Diagram
Evidence
Hearsay
Double AND TRIPLE: With a person or Document
Exceptions
Party-Admission
Unavailability
Statement Against Interest
Former Testimony
Dying Declarations
Statement of Personal or Family History
Statement Offered Against Party Procuring Declarant’s Unavailability
Availability Not Required
Present State of Mind or Physical Condition
Excited Utterance
Present Sense Impression
Business Records
Public Records
Past Recollection Recorded
Witness
Requirements
Competency; Relevance; Opinion: Lay Witness and Expert witness; Character; Impeachment; Privileges; Hearsay
Competency: observe, recollect, communicate, and appreciate the obligation; Personal Knowledge; Truthfully
Subject Matter Appropriate for Expert Opinion; Witness Qualifies; Opinion is backed with reasonable certainty; Opinion supported by a proper factual basis
Impeachment: Prior Inconsistent Statements; Crimes Involving Dishonesty; Felonies Not Involving Dishonesty; Prior Bad Acts
Impeachment: cross-examination and extrinsic evidence
Documents
1) Relevant?
2) Authenticated?
3) Best Evidence Rule Apply?
4) Hearsay?
Only applies to documents: requires the original writing, recording, or photograph...to prove its content
LOOK FOR contracts, deeds, and wills
The document is what the proponent claims it to be.
Self Authenticating Documents: OIL CANS
Official Publications Issued by public authority; Instruments; Label; Certified Public Documents; Acknowledged documents; Newspapers and periodicals; Sealed documents
Real Evidence
Must be Relevant
Must be Authenticated OR Chain of Custody
Relevance
(1) Definition (2) Legal Relevance (3) Exceptions (4) Character
Relevant Evidence: Any tendency to make the existence of any fact more probable than it would be without the evidence, this includes evidence that does not relate to the particular event, but is a prior similar event.
Consider: Would its admission result in unfair prejudice?
Exceptions: Causation; similar accidents or injuries caused by the same event; and similar acts admissible to prove intent, habit, and industrial custom or routine.
Liability Insurance is admissible to prove ownership or control, but not negligence or ability to pay.
Subsequent Remedial Measures are admissible to prove negligence, but may be admissible to prove ownership or control, or to prove destruction oof evidence.
INADMISSIBLE, but may be admissible for other purposes: Settlement Offers and Withdrawn Guilty Pleas
Character Evidence
Propensity evidence is inadmissible
Other purposes, motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, absence of mistake or accident.