Please enable JavaScript.
Coggle requires JavaScript to display documents.
Evidence - Coggle Diagram
Evidence
Witness
Character evidence
Criminal case: Prosecution cannot initiate; Defense can introduce evidence of good character to help prove innocence. Defense cause for impeachment.
Civil Case: Plaintiff can introduce only when character directly at issue: child custody, defamation, etc.; Defense can only use for impeachment.
Competency
A witness must have capacity to observe, to recollect, to communicate, and to appreciate the obligation to speak truthfully.
-
Opinion
Lay opinion: Generally inadmissible. Only allowed if no better evidence exist. Must be: Based on the witness's perception, helpful for a clear understanding of a fact at issue, and not based on scientific, techincal, or other specialized knowledge.
Expert opinion: Subject matter appropriate for expert opinion (Scientific knowledge, Technical knowledge, Other specialized knowledge); Witness qualifies as expert; Opinion backed with reasonable certainty; Opinion supported by a proper factual basis - Personal knowledge, Facts made known at trial, Facts made known outside of court: Facts need not be admissible in court; Of the kind that are reasonably relied upon by experts in the field.
Impeachment
-
Crimes involving dishonesty: The court has no discretion to exclude these crimes and there is no time limitation on how old the crime is.
Feonies not involving dishonesty: Court does have discretion to exclude convictions. Must not be too remote: Over ten years since date of conviction. Probative value is not outweighed by its prejudicial effect.
Privileges
-
Physician, psychotherapist, or social worker-patient privilege
-
-
Documents
-
-
Best Evidence Rule
Only applies to documents. The best evidence rule requires the "original writing, recording, or photograph, . . . to prove its content." Rule only applies if the contents of the writing are at issue.
-
Relevance
Evidence having a tendency to make the existence of any fact of consequence to the action more probable than it would be without the evidence
Under FRE 403, a court has the discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice; confusion of issues; misleading the jury; or by consideration of undue delay, waste of time, or needless presentation of cumulative evidence.
Exceptions:
Prior similar events: causation; similar accidents or injuries caused by the same event; and similar acts admissible to prove intent, habit, and industrial custom routine.
Policy Based: Liability insurance; subsequent remedial measures; Settlement offers; and withdrawn guilty pleas.
Hearsay
How to analyze for MBE and MEE: 1) State rule: "Hearsay is inadmissible without an exception." 2) Define hearsay: Hearsay is an out-of-court statement offered to prove the truth of the matter. 3) Party? Then, it is an admission of a party-opponent. 4) If not a party, analyze both parts of the rule: out-of-court statement and offered for the truth of the matter.
Exceptions
Declarant unavailable:
Former Testimony: Given as a witness at a trial, hearing, or lawful depositions; Offered against a party who had an opportunity and similar motive to develop it by direct, cross, or redirect examination.
Statements against interests: Reasonable person in the declarant's position would have made only if the person believed it to be true; Contrary to declarant's proprietary or pecuniary interest; Supported by corroborating circumstances the clearly indicate its trustworthiness.
Dying declarations: Statement made by declarant believing that declarant's death was imminent; Statement about its cause or circumstances.
-
-
Present state of mind or physical condition: Must be then-existening state of mind or emotional, sensory, or physical condition; Not including a statement of memory or belief.
Excited utterance: Statement relating to a startling event or condition; Made while under the stress of excitement that it caused.
Present sense impressions: Statement describing or explaining an event or condition; Made while or immediately after the declarant perceived it.
Business records: Made at or 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 of that activity; Shown by a custodian's testimony or by certification; Neither the source of information nor the method of preparation indicate a lack of trustworthiness.
Public records: Record sets out the office's activities; Of a matter observed while under a legal duty to report; Neither the source of information nor other circumstances indicate a lack of trustworthiness.
Past recollection recorded: A record that - is on a matter the witness once knew about but now cannot recall; was made or adopted by the witness when the matter was fresh in the witness's memory; and accurately reflects the witness's knowledge; May be read into evidence; May only be received as an exhibit if offered by an adverse party.
-