Podcast
Questions and Answers
Which of the following best describes the role of evidence law?
Which of the following best describes the role of evidence law?
- It dictates the verdict in a trial.
- It regulates the admission of proof at trial. (correct)
- It governs the selection of jurors.
- It determines the substantive legal issues in a case.
Under the Federal Rules of Evidence, privilege rules do not apply to grand jury proceedings.
Under the Federal Rules of Evidence, privilege rules do not apply to grand jury proceedings.
False (B)
In the context of evidence, what does materiality refer to?
In the context of evidence, what does materiality refer to?
- The credibility of a witness.
- The admissibility of the evidence in court.
- The relevance of evidence to legal issues in the case. (correct)
- The strength of the evidence.
What must material and relevant evidence meet to be admissible?
What must material and relevant evidence meet to be admissible?
Which of the following explains probative evidence?
Which of the following explains probative evidence?
According to rules of evidence, evidence may be deemed immaterial if it is offered as proof for a legal issue, even if that issue is not relevant to the case
According to rules of evidence, evidence may be deemed immaterial if it is offered as proof for a legal issue, even if that issue is not relevant to the case
Federal Rule 401 combines materiality and probativeness into a single definition regarding:
Federal Rule 401 combines materiality and probativeness into a single definition regarding:
Evidence that goes directly towards proving an issue, without needing any inference, is known as ______
Evidence that goes directly towards proving an issue, without needing any inference, is known as ______
In evidence law, what is circumstantial evidence?
In evidence law, what is circumstantial evidence?
Testimonial evidence involves tangible items, rather than direct assertions.
Testimonial evidence involves tangible items, rather than direct assertions.
What type of evidence is a confession?
What type of evidence is a confession?
If a court admits evidence for one purpose but not another, what must it do to properly instruct the jury?
If a court admits evidence for one purpose but not another, what must it do to properly instruct the jury?
Which of the following would not concern relevance?
Which of the following would not concern relevance?
If previous threats are too distant to an event in question, they could still be relevant.
If previous threats are too distant to an event in question, they could still be relevant.
Under evidence rules, evidence if previouse accidents or injuries caused by the same source must be offered to prove?
Under evidence rules, evidence if previouse accidents or injuries caused by the same source must be offered to prove?
Match the term:
Match the term:
When may similar conduct previoulsy committed be introduced?
When may similar conduct previoulsy committed be introduced?
Under federal rule 406 the 'new eyewitness', is a requirement.
Under federal rule 406 the 'new eyewitness', is a requirement.
Evidence of the absence of similar accidents is?
Evidence of the absence of similar accidents is?
If you can relax occurences should you rebut a claim of defense?
If you can relax occurences should you rebut a claim of defense?
What does discretionary exclusion of relavant evidence mean?
What does discretionary exclusion of relavant evidence mean?
Under the federal rules 'unfair suprise' can be used as exclusion.
Under the federal rules 'unfair suprise' can be used as exclusion.
The exclusion of what evidence is questionable due to public policy?
The exclusion of what evidence is questionable due to public policy?
What would be used with proof that a person carried liability insurance may be admissible and relavent for other purposes?
What would be used with proof that a person carried liability insurance may be admissible and relavent for other purposes?
What should evidence of subsequent repairs not prove?
What should evidence of subsequent repairs not prove?
According to Fed R. Evid 408 an offer can have fact in admittable.
According to Fed R. Evid 408 an offer can have fact in admittable.
After filing the suit what should there be some sort of?
After filing the suit what should there be some sort of?
Which defendant what offer?
Which defendant what offer?
What major concern affects the use of evidence of character evidence
What major concern affects the use of evidence of character evidence
To prove how a person probably acted in most criminal cases
To prove how a person probably acted in most criminal cases
An examplle in which you should impeach by calling a quality witness show the reputation of how?
An examplle in which you should impeach by calling a quality witness show the reputation of how?
What happen under fed rules to witness gives peeson opinion
What happen under fed rules to witness gives peeson opinion
What happens the if defendant pushes her character in?
What happens the if defendant pushes her character in?
The procedue should by force 14 in order that all the evidence
The procedue should by force 14 in order that all the evidence
Is the reason the is what what should need have
Is the reason the is what what should need have
Is to who in order to and for the judge take that is is it ?
Is to who in order to and for the judge take that is is it ?
Should also in fact to has the the be should you to by that and to should fact if by ?
Should also in fact to has the the be should you to by that and to should fact if by ?
A should a fact and in in by as an I there in
A should a fact and in in by as an I there in
And to has a such such to in that then than of ?
And to has a such such to in that then than of ?
What is the primary function of the law of evidence?
What is the primary function of the law of evidence?
The Federal Rules of Evidence apply to all proceedings in United States courts, including those related to privilege.
The Federal Rules of Evidence apply to all proceedings in United States courts, including those related to privilege.
What two elements must be present for evidence to be considered admissible?
What two elements must be present for evidence to be considered admissible?
Evidence is considered ________ if it does not violate an exclusionary rule.
Evidence is considered ________ if it does not violate an exclusionary rule.
Which of the following best describes 'direct evidence'?
Which of the following best describes 'direct evidence'?
Testimonial evidence includes only oral statements made under oath by a witness.
Testimonial evidence includes only oral statements made under oath by a witness.
What type of evidence includes knives, jewelry, maps, and tape recordings?
What type of evidence includes knives, jewelry, maps, and tape recordings?
Evidence admissible for one purpose but not another is an example of ________ admissibility.
Evidence admissible for one purpose but not another is an example of ________ admissibility.
Match the term with its definition:
Match the term with its definition:
According to the Federal Rules of Evidence, what does ‘relevant evidence’ mean?
According to the Federal Rules of Evidence, what does ‘relevant evidence’ mean?
Evidence of prior similar happenings are never admissible in court.
Evidence of prior similar happenings are never admissible in court.
What action must a court take when admitting evidence admissible to only one party?
What action must a court take when admitting evidence admissible to only one party?
Evidence is often considered suspect and should be carefully examined if it relates to an event that is ________.
Evidence is often considered suspect and should be carefully examined if it relates to an event that is ________.
When may similar acts be admissible to prove intent?
When may similar acts be admissible to prove intent?
Evidence of habit is the same as evidence of character.
Evidence of habit is the same as evidence of character.
If a judge decides its probative value is outweighed by the danger of unfair prejudice, what is the result?
If a judge decides its probative value is outweighed by the danger of unfair prejudice, what is the result?
Evidence of subsequent remedial measures is inadmissible to prove ________.
Evidence of subsequent remedial measures is inadmissible to prove ________.
Match each evidentiary rule with its rationale:
Match each evidentiary rule with its rationale:
To what does the Federal Rule of Evidence address when mentioning, 'unfair surprise'?
To what does the Federal Rule of Evidence address when mentioning, 'unfair surprise'?
Evidence of liability insurance is usually admissible to show fault.
Evidence of liability insurance is usually admissible to show fault.
What is the policy justification for excluding evidence of liability insurance to show fault?
What is the policy justification for excluding evidence of liability insurance to show fault?
The key factor in distinguishing habit from character evidence lies in the ________ of the response to the specific set of circumstances.
The key factor in distinguishing habit from character evidence lies in the ________ of the response to the specific set of circumstances.
What kind of evidence does Federal Rule 408 exclude?
What kind of evidence does Federal Rule 408 exclude?
A voluntary admission is a prerequisite for the exclusionary feature of Rule 408.
A voluntary admission is a prerequisite for the exclusionary feature of Rule 408.
Under what condition are emissions of fact admissible?
Under what condition are emissions of fact admissible?
The concern related to a party's medical expenses revolves around the fact that such payment might be prompted sorely by ________.
The concern related to a party's medical expenses revolves around the fact that such payment might be prompted sorely by ________.
Match each type of plea under the Federal Rules:
Match each type of plea under the Federal Rules:
According to the Federal Rules, what happens for a withdrawal of guilty or no contest pleas?
According to the Federal Rules, what happens for a withdrawal of guilty or no contest pleas?
Federal rules require that evidence of character has three concerns that affect the rules.
Federal rules require that evidence of character has three concerns that affect the rules.
When must character evidence be admitted?
When must character evidence be admitted?
The life or liberty of the defendant is at stake, she should be allowed to introduce evidence of her good character since it may have a tendency to show that she did not commit the ________.
The life or liberty of the defendant is at stake, she should be allowed to introduce evidence of her good character since it may have a tendency to show that she did not commit the ________.
In the case that a witness can testify to the defendant’s good reputation as evidence, what is the witness never allowed to do?
In the case that a witness can testify to the defendant’s good reputation as evidence, what is the witness never allowed to do?
It is true that if a person testifies that they are aware of the accuracy of the hearing, that is the basis of the opinion and therefore can be challenged.
It is true that if a person testifies that they are aware of the accuracy of the hearing, that is the basis of the opinion and therefore can be challenged.
Aside from rape cases show the bad character can be show, what is it relevant to test a person in criminal case?
Aside from rape cases show the bad character can be show, what is it relevant to test a person in criminal case?
The defendant may refute evidence when making a character for _______.
The defendant may refute evidence when making a character for _______.
What type of cases are the victims pass behavior inadmissible?
What type of cases are the victims pass behavior inadmissible?
The federal rules apply equally well to rights and all writing.
The federal rules apply equally well to rights and all writing.
A doctor is going to use something in a session to show his testimony ,what is given to preserve the record?
A doctor is going to use something in a session to show his testimony ,what is given to preserve the record?
Real evidence is considered when it is the true reflection of the object or thing _______
Real evidence is considered when it is the true reflection of the object or thing _______
What is authentication of documentary evidence?
What is authentication of documentary evidence?
Federal rules must be followed for non-expert opinions.
Federal rules must be followed for non-expert opinions.
What do Federal Rules allow the cross examinations for an opinion?
What do Federal Rules allow the cross examinations for an opinion?
An expert to other and may get the opinion _______ by the accused can testify to that effect.
An expert to other and may get the opinion _______ by the accused can testify to that effect.
What is the primary function of evidence law?
What is the primary function of evidence law?
The federal rules of evidence apply to all proceedings in united states courts.
The federal rules of evidence apply to all proceedings in united states courts.
What is the standard for determining 'relevance' under the Federal Rules of Evidence?
What is the standard for determining 'relevance' under the Federal Rules of Evidence?
What two aspects do the federal rules of evidence combine when determining the relevance of evidence?
What two aspects do the federal rules of evidence combine when determining the relevance of evidence?
If evidence is admissible for one purpose, it is automatically admissible for all purposes.
If evidence is admissible for one purpose, it is automatically admissible for all purposes.
In determining the relevance of an event, what is a critical factor to consider?
In determining the relevance of an event, what is a critical factor to consider?
Evidence of similar injuries or accidents from the same event can be admitted to prove the dangerous condition existed, the defendant had ______ of the condition, and the condition caused the injuries.
Evidence of similar injuries or accidents from the same event can be admitted to prove the dangerous condition existed, the defendant had ______ of the condition, and the condition caused the injuries.
Withdrawn guilty pleas and offers to plead guilty are admissible as admissions of guilt within a civil proceeding.
Withdrawn guilty pleas and offers to plead guilty are admissible as admissions of guilt within a civil proceeding.
Under what circumstances is evidence of character admissible in a civil case?
Under what circumstances is evidence of character admissible in a civil case?
Match the type of evidence to the appropriate description.
Match the type of evidence to the appropriate description.
In a criminal case, the prosecution can initiate evidence of the bad character of the defendant if character is at issue.
In a criminal case, the prosecution can initiate evidence of the bad character of the defendant if character is at issue.
Similar to a lay witness, a judge may use their personal knowledge when acting in court.
Similar to a lay witness, a judge may use their personal knowledge when acting in court.
Within federal rules, what category of facts is judicial notice limited to?
Within federal rules, what category of facts is judicial notice limited to?
If courts are allowed to take judicial notice of test results given a scientific principle is recognized, what else do courts admit as a result?
If courts are allowed to take judicial notice of test results given a scientific principle is recognized, what else do courts admit as a result?
Besides proving a piece of real evidence is probative and authentic, what is a concern of the courts for admitting that object when it is too cumbersome and potentially prejudicial to a party?
Besides proving a piece of real evidence is probative and authentic, what is a concern of the courts for admitting that object when it is too cumbersome and potentially prejudicial to a party?
In cases regarding documentary evidence, it is not important if the document is authentic.
In cases regarding documentary evidence, it is not important if the document is authentic.
If an agreement cannot authenticate an action, what may be used?
If an agreement cannot authenticate an action, what may be used?
Under the best evidence rule, the rule applies to writings and expresses a preference for ______.
Under the best evidence rule, the rule applies to writings and expresses a preference for ______.
Select which statement is true about witness competency.
Select which statement is true about witness competency.
Flashcards
Evidence Law
Evidence Law
A system of rules and standards regulating the admission of proof in a lawsuit trial.
Materiality
Materiality
When proffered evidence relates to one of the substantive legal issues in the case.
Probativeness
Probativeness
Evidence that contributes to proving or disproving a material issue.
Competent Evidence
Competent Evidence
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Direct Evidence
Direct Evidence
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Circumstantial Evidence
Circumstantial Evidence
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Testimonial Evidence
Testimonial Evidence
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Documentary Evidence
Documentary Evidence
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Real Evidence
Real Evidence
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Limited Admissibility
Limited Admissibility
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Relevant Evidence
Relevant Evidence
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General Relevance Rule
General Relevance Rule
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Similar Occurence Exceptions
Similar Occurence Exceptions
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Relevancy and Causation
Relevancy and Causation
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Re: Other Tort Claims Generally
Re: Other Tort Claims Generally
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False Claim and Relevancy
False Claim and Relevancy
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Industrial Custom Rule
Industrial Custom Rule
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Pragmatic Exclusion
Pragmatic Exclusion
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Liability Insurance
Liability Insurance
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When Insurace is Admissible
When Insurace is Admissible
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Subsequent Remedial Measures
Subsequent Remedial Measures
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When Subsequent measures are admissible.
When Subsequent measures are admissible.
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Settlement Offers
Settlement Offers
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General Rule for Civil Cases
General Rule for Civil Cases
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Valid proof of character
Valid proof of character
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Reputation as Hearsay
Reputation as Hearsay
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Defemation and character
Defemation and character
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Accused in Criminal Case
Accused in Criminal Case
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The pros can examine
The pros can examine
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If evidence then testified...
If evidence then testified...
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There is evidence to who the agressor is
There is evidence to who the agressor is
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What will rape cases not show?
What will rape cases not show?
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Evidence will lead
Evidence will lead
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Under Federal Rules
Under Federal Rules
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Determination on Preliminary Question
Determination on Preliminary Question
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Facts requiring verification
Facts requiring verification
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Taking facts to judicially notice
Taking facts to judicially notice
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What can the judge use
What can the judge use
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Judicial knowledge
Judicial knowledge
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Knowing what to do with judicial info
Knowing what to do with judicial info
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What's Addressd Directly to the Trier of fact
What's Addressd Directly to the Trier of fact
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It is what proponent claims it is
It is what proponent claims it is
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Fair Representation
Fair Representation
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If type is likely tamtered
If type is likely tamtered
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To give into a crime?
To give into a crime?
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Authentication requires?
Authentication requires?
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An expert is called to determin
An expert is called to determin
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How many years in order?
How many years in order?
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Reply Letter
Reply Letter
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Best Evidence Rule
Best Evidence Rule
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Collateral can be what of this?
Collateral can be what of this?
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What is the first and foremost
What is the first and foremost
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Observe may arise?
Observe may arise?
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What is relate mean?
What is relate mean?
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what does fed rule about competnency and all.
what does fed rule about competnency and all.
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What does the test do
What does the test do
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Modern Modification
Modern Modification
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Study Notes
General Considerations
- Evidence law regulates proof admission at trial, determining material facts via applicable rules.
- Proof encompasses testimony, writings, physical objects, and jury presentations.
- Sources include common law, statutes, and modern evidence codes, with the Federal Rules of Evidence being the most important
- The Federal Rules apply to civil and criminal cases in US courts, with some proceedings excepted (e.g., grand jury).
- Modern trends in evidence law often involve adopting Federal Rules.
Threshold Admissibility
- A shorthand summary is: "Material and relevant evidence is admissible if competent."
- Materiality arises when proffered evidence relates to substantive legal issues.
- Questions to ask to determine materiality: What issue does the evidence prove? Is the issue material to the case?
- Evidence is immaterial if it does not concern a legal issue in the case
- Probativeness embraces materiality and requires the evidence to contribute to proving or disproving a material issue.
- Ask the questions to determine proativeness: Is the issue material? Is the issue logically probative?
- The Federal Rules combine materiality and probativeness into a single definition of relevance
- Federal Rule 401 defines relevant evidence as that which affects the probability of a consequential fact.
- Competence requires that evidence avoids violating exclusionary rules
- Competent evidence is admissible if it does no violate an exclusionary rule
- Exclusionary rules are founded on truth-seeking or external policy goals.
- Truth-seeking policies ensure reliability (e.g., hearsay rule, best evidence rule).
- External policies protect societal interests (e.g., testimonial privileges).
Evidence Classifications
- Direct evidence goes to a material issue without needing inference. This is very specific.
- Circumstantial evidence requires inference from a subsidiary fact to the material issue. This is indirect.
- Testimonial evidence is oral, under oath, answering attorneys.
- Documentary evidence exists as a writing, such as contracts or confessions.
- Real evidence consists of things conveyed to the trier of fact, like maps or recordings.
Limited Admissibility
- Evidence can be admissible for one purpose or party, but not others.
- Courts must properly instruct juries on limited scope
- Probative value can be outweighed by the potential for prejudice
Relevance
- Evidence proves material issues, rendering them more/less probable than without that evidence.
- Relevance comes from substance, not manner of presentation.
- All relevant evidence is admissible if it is accurate, and comes in an unobjectionable form
- (with some policy-based exceptions).
Determining Relevance
- Relevant evidence makes a consequential fact more/less probable than it would be without it.
- One must ask what proposition the evidence supports and whether it is probative
- Testimony/exhibits offered must relate to the controversy person, time, or event being litigated
- The proximity in time to a event is important when considering relevance
Relevance Exceptions
-
Similar prior happenings, transactions from parties, and those similarly situated are permissible
-
This depends if they have the probative value and outweigh the risk to confuse the jury.
-
Causation is shown via evidence involving other times, events, persons.
-
Previously filed tort claims and prior accidents are not allowed. This is due to the confusion of issues and is unduly prejudicial.
-
Evidence of similar accidents is allowed, as it proves a dangerous condition existed, the defendant had prior knowledge and the reason for the event.
Proving Malice
- Similar conduct previously committed can allow the introduction of the party's present motive and intent
- Those occurrences preceding cannot be relaxed
- This is used to a rebut a case of improbability
- Sales can be admissible but the evidence needs to preapproved and prove its worth.
- The most effective way to test this would be from personal and real property that are not in time.
Habit
- This shows regular response to circumstances
- Evidence of habit is introduced if its too show characteristics. This is relevant when the no one shows their evidence.
- One may claim to show why it was performed instead of someone.
- These must be a regularly repeated event. Exclusion of relevant evidence factors
Discretionary Exclusion of Relevant Evidence
- Trial judge has broad discretion if the evidence is outweighs by unfairness, unnecessary delay.
- Some are restricted due to certain public policy solutions to legal problems. For example, emotional factors can inflame jurors.
Exclusion of Relevant Evidence for Public Policy Reasons
-
Liability insurance: Evidence inadmissible to show fault, but admissible to prove ownership/control or impeach.
- subsequent Remedial Measures: Evidence of Repairs inadmissible to prove negligence, but admissible to prove ownership/control/feasibility. - Settlement Offers: Evidence of compromises inadmissible to prove validity/amount of claim. Admissions of fact accompanying offers are admissible.
Character Evidence - A Special Relevance Problem
- The introduction of this evidence is affected by 3 major reasons, (1) reason for which characters is proven, (2) method of the characteristics used, case involving criminal trial.
- One is is ultimate for proof and will affect evidence. To show someone is unable to impeaching the credibility may also limit or create issues that require specific attention
Means of proving character
- If any specific acts are allowed, it opens the door to the persons case and what may be said on the character.
- A opinionated testimony or someone that is generally an effective community is is an individual aspect that should raise suspicion. This needs to have an attorney
Admissibility
- Civil cases are not something that can generally lead to any issues
- Criminal accusations cannot fully be used but may present an effective look
- An accused person can show their character. Otherwise only the prosecution have issues
- A defendant can prove the facts on the stand this way
How the character of the prove was proven
- The witness must testify regarding the the persons character involved
- Opinion and testimony are needed regarding this to show that another person will testafie
Victim in a Criminal case
- Defendant needs to prove that in the alleged state the victim show some issues
- They can also present there case to a grand jury to be proved Prosecution can testafie on the results
Specific Acts of Inconduct
- A few can be admitted if its independently relevant otherwise it cannot be
- Motive, is when the prior crime is used to accused.
- Intent- forgery or receiving stolen property this is a method for achieving guilty.
- Other similar issues
Examples of Inconduct under the federal Rule
- Quantum to see independent misconduct, the federal rules will allow the defendant without preliminary rulling
- It should sustain from a standard of act
Judicial notice
-
Known as facts that should sustain knowledge. But not from other documents or data.
-
There needs to be recognition when dealing with cases , must of been done correctly
Judicial notice of law and facts.
Facts are things that need recognition. But notorious facts are to be taken of what people already know..
- This helps reduce time and make for less issues
- Some known facts are able to testafie a persons history as to what did and did not happen.
Procedural Aspects of Judicial Notice
-
If a court will not take judicial notice it is within the parties rights to make a motion
-
They are not able to challenge as that would go against procedure
Ajudge has powers here
- And all the facts and rulings
- It might wave for being held against the accused
Real evidence
- realy there is inspection and there is what is expected and determined. They are all there for testing and approval.
- They can offer what they do
It is needed to first authenticate the issues
- An attorney can always ask that
- Then in this case, the witness will make for a better and safer testemony.
- The judge has to approve all this.
Docutary evidenced in general
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