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Evidence - Coggle Diagram
Evidence
Witness
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Competency
capacity to observe, recollect, communicate, and appreciate the obligation to speak truthfully
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Relevance
Relevant evidence is that having any tendency to make the existence of any fact of consequence to the action more probable than it would be without the evidence
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Exceptions
causation, similar accidents or injuries caused by the same event, and similar acts admissible to prove intent, habit, and industrial custom or routine
Character
Criminal:
Prosecution cannot initiate character evidence on direct examination. On cross, a defendant can introduce evidence of good character to help prove innocence; and a party or witness can introduce character evidence for impeachment.
Civil:
Direct examination generally not admissible. Cross examination admissible only for impeachment of a party or witness
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Real Evidence
must be relevant, like all other evidence
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object, physical piece of evidence