Evidence Law: Admissibility & Proof

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Questions and Answers

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.

False (B)

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?

<p>competence</p> Signup and view all the answers

Which of the following explains probative evidence?

<p>Evidence that contributes to proving or disproving a material issue. (C)</p> Signup and view all the answers

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

<p>True (A)</p> Signup and view all the answers

Federal Rule 401 combines materiality and probativeness into a single definition regarding:

<p>Relevance. (A)</p> Signup and view all the answers

Evidence that goes directly towards proving an issue, without needing any inference, is known as ______

<p>direct evidence</p> Signup and view all the answers

In evidence law, what is circumstantial evidence?

<p>Evidence that requires additional inference to establish a fact. (B)</p> Signup and view all the answers

Testimonial evidence involves tangible items, rather than direct assertions.

<p>False (B)</p> Signup and view all the answers

What type of evidence is a confession?

<p>Documentary. (B)</p> Signup and view all the answers

If a court admits evidence for one purpose but not another, what must it do to properly instruct the jury?

<p>restrict the evidence to its proper scope</p> Signup and view all the answers

Which of the following would not concern relevance?

<p>The admissibility of the evidence form. (D)</p> Signup and view all the answers

If previous threats are too distant to an event in question, they could still be relevant.

<p>False (B)</p> Signup and view all the answers

Under evidence rules, evidence if previouse accidents or injuries caused by the same source must be offered to prove?

<p>That defect or dangerous condition caused injuries (D)</p> Signup and view all the answers

Match the term:

<p>Habit = Regular response to a specific set of circumstances. (e.g. 'She always takes a staircase two steps at a time') Character = Describe one's disposition in respect to general traits (e.g. 'She's always in a hurry') Industrial and business routine = Showing what is relavent conduct Industrial Custom = Attempt to show adherence to or deviance form an industry- wide standard of care,</p> Signup and view all the answers

When may similar conduct previoulsy committed be introduced?

<p>To prove the party's present, motive, or intent when such elements are relevant. (A)</p> Signup and view all the answers

Under federal rule 406 the 'new eyewitness', is a requirement.

<p>False (B)</p> Signup and view all the answers

Evidence of the absence of similar accidents is?

<p>Courts are reluctant to admit the absence of negligence or lack of a defect. (C)</p> Signup and view all the answers

If you can relax occurences should you rebut a claim of defense?

<p>impossibility</p> Signup and view all the answers

What does discretionary exclusion of relavant evidence mean?

<p>A trial judge and had broad discretion to exclude relevant evidence (A)</p> Signup and view all the answers

Under the federal rules 'unfair suprise' can be used as exclusion.

<p>False (B)</p> Signup and view all the answers

The exclusion of what evidence is questionable due to public policy?

<p>If they favour repair of detective premises that could cause injury. (C)</p> Signup and view all the answers

What would be used with proof that a person carried liability insurance may be admissible and relavent for other purposes?

<p>identification</p> Signup and view all the answers

What should evidence of subsequent repairs not prove?

<p>Negligence, act of culible conduct (A)</p> Signup and view all the answers

According to Fed R. Evid 408 an offer can have fact in admittable.

<p>True (A)</p> Signup and view all the answers

After filing the suit what should there be some sort of?

<p>Implied, a party will try and call that claim (A)</p> Signup and view all the answers

Which defendant what offer?

<p>wishes to arrange a deal with the goverment</p> Signup and view all the answers

What major concern affects the use of evidence of character evidence

<p>the purity for which evidence of the character for offer (B)</p> Signup and view all the answers

To prove how a person probably acted in most criminal cases

<p>True (A)</p> Signup and view all the answers

An examplle in which you should impeach by calling a quality witness show the reputation of how?

<p>A defedant to tesfiy their rep (B)</p> Signup and view all the answers

What happen under fed rules to witness gives peeson opinion

<p>the witness may also give his personal opinion</p> Signup and view all the answers

What happens the if defendant pushes her character in?

<p>Then the prosecuation rebuts character (C)</p> Signup and view all the answers

The procedue should by force 14 in order that all the evidence

<p>True (A)</p> Signup and view all the answers

Is the reason the is what what should need have

<p>If the is is a need of to it is. (D)</p> Signup and view all the answers

Is to who in order to and for the judge take that is is it ?

<p>That is on to by on</p> Signup and view all the answers

Should also in fact to has the the be should you to by that and to should fact if by ?

<p>For the the has judge judge no (A)</p> Signup and view all the answers

A should a fact and in in by as an I there in

<p>True (A)</p> Signup and view all the answers

And to has a such such to in that then than of ?

<p>There would would</p> Signup and view all the answers

What is the primary function of the law of evidence?

<p>To regulate the admission of proof at trial. (B)</p> Signup and view all the answers

The Federal Rules of Evidence apply to all proceedings in United States courts, including those related to privilege.

<p>False (B)</p> Signup and view all the answers

What two elements must be present for evidence to be considered admissible?

<p>Materiality and relevance</p> Signup and view all the answers

Evidence is considered ________ if it does not violate an exclusionary rule.

<p>competent</p> Signup and view all the answers

Which of the following best describes 'direct evidence'?

<p>Evidence that goes directly to a material issue. (A)</p> Signup and view all the answers

Testimonial evidence includes only oral statements made under oath by a witness.

<p>False (B)</p> Signup and view all the answers

What type of evidence includes knives, jewelry, maps, and tape recordings?

<p>Real evidence</p> Signup and view all the answers

Evidence admissible for one purpose but not another is an example of ________ admissibility.

<p>limited</p> Signup and view all the answers

Match the term with its definition:

<p>Materiality = Relates to substantive legal issues Relevance = Tendency to make a fact more or less probable Competence = Does not violate an exclusionary rule</p> Signup and view all the answers

According to the Federal Rules of Evidence, what does ‘relevant evidence’ mean?

<p>Evidence tending to make a fact of consequence more or less probable. (B)</p> Signup and view all the answers

Evidence of prior similar happenings are never admissible in court.

<p>False (B)</p> Signup and view all the answers

What action must a court take when admitting evidence admissible to only one party?

<p>Instruct/restrict the jury</p> Signup and view all the answers

Evidence is often considered suspect and should be carefully examined if it relates to an event that is ________.

<p>remote</p> Signup and view all the answers

When may similar acts be admissible to prove intent?

<p>When the acts are relevant to prove the party’s motive or intent. (C)</p> Signup and view all the answers

Evidence of habit is the same as evidence of character.

<p>False (B)</p> Signup and view all the answers

If a judge decides its probative value is outweighed by the danger of unfair prejudice, what is the result?

<p>Evidence will be excluded</p> Signup and view all the answers

Evidence of subsequent remedial measures is inadmissible to prove ________.

<p>negligence</p> Signup and view all the answers

Match each evidentiary rule with its rationale:

<p>Unfair Prejudice = To prevent a jury from being swayed by evidence that does not logically relate to the facts. Confusion of Issues = To ensure clear presentation of evidence. Undue Delay = Designed to ensure an orderly and efficient proceeding</p> Signup and view all the answers

To what does the Federal Rule of Evidence address when mentioning, 'unfair surprise'?

<p>Surprise can be offset by a continuance. (A)</p> Signup and view all the answers

Evidence of liability insurance is usually admissible to show fault.

<p>False (B)</p> Signup and view all the answers

What is the policy justification for excluding evidence of liability insurance to show fault?

<p>To avoid influencing jurors</p> Signup and view all the answers

The key factor in distinguishing habit from character evidence lies in the ________ of the response to the specific set of circumstances.

<p>regularity</p> Signup and view all the answers

What kind of evidence does Federal Rule 408 exclude?

<p>Evidence of compromises (D)</p> Signup and view all the answers

A voluntary admission is a prerequisite for the exclusionary feature of Rule 408.

<p>False (B)</p> Signup and view all the answers

Under what condition are emissions of fact admissible?

<p>Offers to pay expenses</p> Signup and view all the answers

The concern related to a party's medical expenses revolves around the fact that such payment might be prompted sorely by ________.

<p>humanitarian motives</p> Signup and view all the answers

Match each type of plea under the Federal Rules:

<p>Guilty = Signifies wrongdoing No Contest = Nolo contendre Withdrawal = An evidentary value to its withdrawal</p> Signup and view all the answers

According to the Federal Rules, what happens for a withdrawal of guilty or no contest pleas?

<p>It is inadmissible against the defendant. (D)</p> Signup and view all the answers

Federal rules require that evidence of character has three concerns that affect the rules.

<p>True (A)</p> Signup and view all the answers

When must character evidence be admitted?

<p>When character itself is an ultimate issue in the case.</p> Signup and view all the answers

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 ________.

<p>crime charged</p> Signup and view all the answers

In the case that a witness can testify to the defendant’s good reputation as evidence, what is the witness never allowed to do?

<p>Testifying to specific acts of the defendants conduct (C)</p> Signup and view all the answers

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.

<p>True (A)</p> Signup and view all the answers

Aside from rape cases show the bad character can be show, what is it relevant to test a person in criminal case?

<p>Show innocence</p> Signup and view all the answers

The defendant may refute evidence when making a character for _______.

<p>peacefulness</p> Signup and view all the answers

What type of cases are the victims pass behavior inadmissible?

<p>Rape (D)</p> Signup and view all the answers

The federal rules apply equally well to rights and all writing.

<p>False (B)</p> Signup and view all the answers

A doctor is going to use something in a session to show his testimony ,what is given to preserve the record?

<p>Mark for reference</p> Signup and view all the answers

Real evidence is considered when it is the true reflection of the object or thing _______

<p>depicted</p> Signup and view all the answers

What is authentication of documentary evidence?

<p>Only requires enough evidence to permit a finding that is what is proposed (A)</p> Signup and view all the answers

Federal rules must be followed for non-expert opinions.

<p>False (B)</p> Signup and view all the answers

What do Federal Rules allow the cross examinations for an opinion?

<p>The one did conduct</p> Signup and view all the answers

An expert to other and may get the opinion _______ by the accused can testify to that effect.

<p>for examination</p> Signup and view all the answers

What is the primary function of evidence law?

<p>To regulate the admission of proof at trial. (D)</p> Signup and view all the answers

The federal rules of evidence apply to all proceedings in united states courts.

<p>False (B)</p> Signup and view all the answers

What is the standard for determining 'relevance' under the Federal Rules of Evidence?

<p>The evidence must tend to make a material fact more or less probable than it would be without the evidence. (B)</p> Signup and view all the answers

What two aspects do the federal rules of evidence combine when determining the relevance of evidence?

<p>Materiality and probativeness</p> Signup and view all the answers

If evidence is admissible for one purpose, it is automatically admissible for all purposes.

<p>False (B)</p> Signup and view all the answers

In determining the relevance of an event, what is a critical factor to consider?

<p>The event's proximity in time to current events. (C)</p> Signup and view all the answers

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.

<p>knowledge</p> Signup and view all the answers

Withdrawn guilty pleas and offers to plead guilty are admissible as admissions of guilt within a civil proceeding.

<p>False (B)</p> Signup and view all the answers

Under what circumstances is evidence of character admissible in a civil case?

<p>When the character is an essential element of a claim or defense (directly in issue). (D)</p> Signup and view all the answers

Match the type of evidence to the appropriate description.

<p>Reputation Testimony = Testimony as to a person's general reputation in a community. Opinion Testimony = Witnesses can make opinions of the person's character. Specific Acts = Evidence of specific acts are allowed depending of if character is one of the ultimate issue in the case.</p> Signup and view all the answers

In a criminal case, the prosecution can initiate evidence of the bad character of the defendant if character is at issue.

<p>False (A)</p> Signup and view all the answers

Similar to a lay witness, a judge may use their personal knowledge when acting in court.

<p>False (B)</p> Signup and view all the answers

Within federal rules, what category of facts is judicial notice limited to?

<p>Adjudicative Facts (B)</p> Signup and view all the answers

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?

<p>Admit upon the showing the tests were properly conducted. (A)</p> Signup and view all the answers

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?

<p>Legal relevance</p> Signup and view all the answers

In cases regarding documentary evidence, it is not important if the document is authentic.

<p>False (B)</p> Signup and view all the answers

If an agreement cannot authenticate an action, what may be used?

<p>Handwriting verification. (C)</p> Signup and view all the answers

Under the best evidence rule, the rule applies to writings and expresses a preference for ______.

<p>original</p> Signup and view all the answers

Select which statement is true about witness competency.

<p>Infancy, in some instances, may prove incompetency. (B)</p> Signup and view all the answers

Flashcards

Evidence Law

A system of rules and standards regulating the admission of proof in a lawsuit trial.

Materiality

When proffered evidence relates to one of the substantive legal issues in the case.

Probativeness

Evidence that contributes to proving or disproving a material issue.

Competent Evidence

Evidence that does not violate an exclusionary rule.

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Direct Evidence

Goes directly to a material issue without needing an inference

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Circumstantial Evidence

Requires inference about a subsidiary fact to prove the material issue.

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Testimonial Evidence

Oral evidence given under oath.

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Documentary Evidence

Evidence in the form of a writing.

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Real Evidence

Evidence consisting of physical things.

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Limited Admissibility

Admissible for one purpose, but not another.

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Relevant Evidence

Evidence having any tendency to make the existence of any fact more/less probable than it would be without the evidence.

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General Relevance Rule

General rule of evidence that it must relate to Time, Event, or Person in Controversy

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Similar Occurence Exceptions

Previous similar happenings and transactions of the parties may be relevant where probative value outweighs risk jury will be confused

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Relevancy and Causation

Issues of causation can be established by evidence that concerns other times, events, persons

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Re: Other Tort Claims Generally

Evidence that a person has previously filed similar tort claims or has been involved in prior accidents is generally INADMISSIBLE to show the invalidity of the present claim

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False Claim and Relevancy

If evidence is introduced that the party has made previous similar false claim such evidence is very PROBATIVE

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Industrial Custom Rule

It is ok to establish a Custom of the industry distinct from habit; one for what actors do in normal action etc and one for care.

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Pragmatic Exclusion

Relevant evidence can be excluded if there is a substantial danger of unfair prejudice, confusion of the issues, misleading jury, undue delay, waste of time, or needless presentation of cumulative evidence.

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Liability Insurance

Is inadmissable to show fault.

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When Insurace is Admissible

Offered to prove ownership or control over something to show bias or to impeach witness.

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Subsequent Remedial Measures

Prove negligence, culpable conduct, defect in product, design, need for warning.

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When Subsequent measures are admissible.

Offered to prove ownership or control, precaution was not possible, prove destruction of evidence.

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Settlement Offers

Not admissible to prove or disprove the validity or amount of a disputed claim.

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General Rule for Civil Cases

General ruile not admissible in civil cases

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Valid proof of character

Means of Proving Character by presenting Reputation and Personal Opinion Testimony

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Reputation as Hearsay

A witness's testimony of general reputation in community is a sense of hearsay

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Defemation and character

In a defamation action, character is directly in the issue

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Accused in Criminal Case

To prove that she is more likely to have in accord with bad acts is inadmissible

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The pros can examine

A witnesses rep/knowledge determines if the accusations have real evidence

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If evidence then testified...

The pros can then start to testify on the opinion of the def bad char

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There is evidence to who the agressor is

In a homicide victim was the aggressor and there is evidence there is some good

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What will rape cases not show?

What are inadmissable

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Evidence will lead

Evidence, including misconduct is admissible to show connects this def to crime

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Under Federal Rules

Independently relevant uncharged misconduct by the defendant will be admissible

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Determination on Preliminary Question

Preliminary question of fact governing admissibility.

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Facts requiring verification

Requires what is not generally known and accepted to be verified to have judicial basis

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Taking facts to judicially notice

At any time to notice judicial of scientific as a fact.

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What can the judge use

the federal rules of evidence provide authority to do so if what evidence

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Judicial knowledge

judicial is the act of what is true without an offering of evidence.

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Knowing what to do with judicial info

Facts that are notorious must be taken of body of what is true.

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What's Addressd Directly to the Trier of fact

The object in issue is presented for trier of fact..

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It is what proponent claims it is

Authenticity is to show that is not something the other party did/used

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Fair Representation

One test is to show a photo is to show that this shows and depicts what there is to be.

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If type is likely tamtered

It has been shown to not be tamper

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To give into a crime?

Where, that is one of things they seek to do and make an offering of what happened..

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Authentication requires?

That the item is what one proclaims them to be

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An expert is called to determin

The writing can be proved but the person of the what or author

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How many years in order?

Under federal , a doc may be auth of showing that it is at least what

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Reply Letter

Under the what is what can show the authentication

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Best Evidence Rule

The evidence is at high point..

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Collateral can be what of this?

But of what

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What is the first and foremost

what must there be

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Observe may arise?

What does observe do?

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What is relate mean?

to connect..

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what does fed rule about competnency and all.

Every person , is able and able to be present except where rules say not able

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What does the test do

what does testimony state when declare to state that is truly said

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Modern Modification

what did common law dislify

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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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