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Evidence - Coggle Diagram

- - - - Intent
      - Preparation
      - Opportunity
      - Common scheme or plan
      - Motive
      - Knowledge
      - Identity
      - Absence of mistake
      - Accident
    - - Conformity with the party's character
  - - - Admissible only if:
        
        Witness has opportunity to explain the statement
        
        Adverse party has opportunity to examine witness about it or justice requires
    - - Bias or interest
        
        Always admissible
      - Criminal convictions
        
        Crimes involving dishonesty
        
        No limit on how old crime is
        
        Court has no discretion to exclude
        
        Felonies not involving dishonesty
        
        Usually excluded if crime is >10 years old
        
        Witness is the accused
        
        Admissible if probative value not outweighed by prejudicial affect
        
        Court has discretion to exclude
        
        Witness is not the accused
        
        Admissible if probative value is not substantially outweighed by prejudicial effect (Rule 403 balancing test)
      - Prior inconsistent statements
  - - - Subject matter appropriate for expert opinion
        
        Technical knowledge
        
        Other specialized knowledge
        
        Scientific knowledge
    - - helpful for clear understanding of fact at issue
      - not based on scientific, technical, or other specialized knowledge
      - based on witness's perception
  - - - Includes the attorney and its representatives
      - Only client can waive privilege
      - Client may refuse to disclose/prevent others from disclosing confidential comms made for purpose of rendition of professional legal services to client
    - - Confidential comms made for purpose of diagnosis or treatment
    - - Marital Communication
        
        Either spouse has privilege to refuse to disclose/prevent spouse from disclosing a confidential communication between spouses while they were married
      - Spousal testimony
        
        Spouse may not be called as witness against spouse in any criminal proceeding
        
        Can only be asserted by testifying spouse (i.e., one spouse can't stop the other from testifying against them if they wish to testify)
- - - - Label, tag, trademark affixed on item in regular course of business
      - Certified public documents (by clerk of agency or court with custody)
      - Instruments -- negotiable and commercial paper
      - Acknowledged documents signed before notary, sworn to truth, content, and execution
      - Official publications issued by public authority
      - Newspapers and periodicals w/ reasonably wide circulation
      - Sealed documents (government certified)