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Evidence - Coggle Diagram
Evidence
Witness
Competency
Witnesses must have capacity to: observe, recollect, communicate, and appreciate the obligation to speak truthfully
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Character
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Criminal
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Allowed to prove motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, and absence of mistake or accident.
Impeachment
Extrinsic evidence allowed only if the witness has the opportunity to explain the statement and an adverse party has the opportunity to examine the witness about it or if justice requires.
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Relevance
Definition: Relevant evidence is evidence having any tendency to make the existence of any fact of consequence to the action more probable than it would be with out the evidence. FRE 401
Legal Relevance: 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 the issues; misleading the jury; or by consideration of undue delay, waste of time, or needless presentation of cumulative evidence.
Exceptions: Evidence may be admitted that does not relate to the particular event, but is a prior similar event. These exception include: causation; similar accidents or injuries caused by the same event; and similar acts admissible to prove intent, habit, and industrial custom or routine.
Character Evidence
Criminal
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Cross Exam: defendant can introduce evidence of good character to help prove innocence. Party or witness can introduce for impeachment only.
Civil
Direct Exam: Generally not admissible. Only when character directly at issue --> child custody, defamation, etc.
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Policy Based Exceptions
Liability Insurance may be admissible to prove ownership or control; not negligence or ability to pay. FRE 411
Subsequent Remedial Measures are admissible to prove ownership, control, or destruction of evidence; not negligence. FRE 407
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Hearsay
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Exceptions
Declarant Unavailable? --> Former Testimony, statements against interest, dying declarations, statements of personal or family history, and statements offered against party procuring declarant's unavailability
Declarant Availability Irrelevant: present state of mind or physical condition, excited utterance, present sense impressions, business records, public records, and past recollection recorded.
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Documents
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Authenticated?
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Self Authenticating Documents: Official publications issued by public authority; Instruments; Labels, tags, or trademarks affixed on an item; Certified public documents; Notary acknowledged documents (except wills); Newspapers and periodicals; Gov certified, sealed documents
Best Evidence?
Applies only to documents and requires: the original writing, recording, or photo... to prove its content.
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