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Evidence - Coggle Diagram
Evidence
Witnesses
Relevance
scope: court may allow inquiry into additional matters on cross-exam of witness, even if matters were not within the scope of direct exam.
Opinion
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Expert Witness
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(4) expert's opinion reflects reliable application of the principles and methods to the facts of the case
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Impeachment: cast adverse reflection on a witness's truthfulness -- (1) cross examination or (2) extrinsic evidence
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Sensory Deficiencies
faculties of perception and recollection were so impaired as to make it doubtful that they could have perceived those facts
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Privileges
Physician, psychotherapist, or social worker privilege
confidential communications made for the purpose of diagnosis or treatment of the patient's physical, mental, or emotional condition
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Sequester
At a party's request, court must order witnesses excluded so that they cannot hear other witness' testimony (or court may do so on its own)
Relevance
Legal Relevance (403)
Rule 403: Court has discretion to exclude relevant evidence if probative value is substantially outweighed by ...
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Definition
Evidence 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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Hearsay
Non-Hearsay
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Opposing party
Statement by or attributable to a party, offered against that party
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Confrontation Clause
Hearsay statement offered against the accused in a criminal case is barred by the Confrontation Clause (even if hearsay exception) if:
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Documents
Authentication: document is what the proponent claims it to be. Standard = proof sufficient to support a jury finding of genuineness
photographs/videos
witness familiar with scene must identify photo as portrayal of relevant facts and fair and accurate representation of those facts
unattended camera: no person who could authenticate scene is present - show properly operating at relevant time and downloaded or developed from film obtained from that camera
writings
testimonial support
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Opponent's admission: evidence that party against whom it is offered has either admitted its authenticity or acted upon it as authentic
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Reply Letter: evidence that it was written in response to a communication sent to the alleged author
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Real Evidence
Authenticated
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Chain of custody: otherwise, must show evidence of chain of custody of the object and that it has been held in a substantially unbroken chain of possession
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Types
Maps, Charts, Models
Usually admissible for illustrating; must be authenticated by testimonial evidence that they are faithful reproductions
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Demonstrations
experiment must be performed under conditions substantially similar to those attending original event
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Procedural Issues
Judicial Notice
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effects:
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Criminal
not conclusive - jury instructed that it may, but is not required to, accept the judicially noticed fact as conclusive
Fairness
when statement or part is introduced as evidence, the adverse party may introduce any other part of statement which ought in fairness to be considered
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