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Evidence - Coggle Diagram

- - - - Privilege
      - Refusing to testify
      - Lack of Memory
      - Death or physical/mental illness
      - Absent beyond subpoena reach
    - - Former testimony
      - Statements against interest
      - dying declarations
    - - Present state of mind or physical condition
      - Excited utterance
      - Present sense impressions
      - Biz records
      - Public records
      - Past recollection recorded
- - - - Prior Similar Event
        
        Causation
        
        similar accidents or injuries cased by the same event
        
        similar acts admissible to prove intent, habit, and industrial custom or routine
      - Policy based
        
        Liability insurance
        
        Subsequent remedial measures
        
        Settlement offers
        
        withdrawn guilty pleas
- - - - Direct Examination = Prosecution cannot initiate
      - Criminal Cross: Party: D can introduce evidence of good character to help prove innocence. Party or Witness: Impeacement
    - - Direct: Generally not admissible. Only when character directly at issue: child custody, defamation, etc.
      - Cross: Party or Witness: Only for impeacement