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Evidence Rule Statements

Terms in this set (14)

Logical Relevance
Evidence is relevant if it has a tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence in determining the action. In California, relevant evidence must also be relevant as to a disputed fact.
Legal Relevance
Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. In California, relevant evidence shall not be excluded in any criminal proceeding unless subject to an exemption.
Character Evidence Civil
In a civil case, character evidence is not admissible to prove that a person acted in accordance with that character or trait on a particular occasion. However, character evidence is admissible when character is an essential element of a claim/defense, such as defamation, negligent hiring/entrustment, and child custody.
Character Evidence Criminal
In a criminal case, the prosecution is not permitted to introduce bad character evidence about a defendant in order to prove he has the propensity to commit crimes, thus he is likely to have committed the crime in question.
Witness Competence and Lay Witness
A non-expert witness must have personal knowledge of a matter in order to testify about it.

A lay opinion is admissible if it is based upon the perception of the witness, and helpful to a clear understanding of the witness's testimony or determination of a fact in issue.
Expert Testimony
The subject matter of expert testimony must be scientific, technical or some other specialized knowledge that will help a trier of fact understand evidence or determine a fact at issue that focuses on the relevance of testimony.

A witness must be qualified as an expert by knowledge, skill, experience, training or education. The testimony must be based on sufficient facts or data and the product of reliable principles and methods. Finally, the witness must apply these principles and methods reliably to facts of the case
Present Recollection Refreshed
A witness may examine any item to refresh his present recollection, and his testimony must be based on his refreshed recollection. In California, failure to produce the writing that was used to refresh a witness's memory will cause the testimony to be stricken.
Past Recollection Recorded
A memo or record about a matter the witness once had knowledge of but now has insufficient recollection of to testify about may be admissible under the recorded recollection hearsay exception.
Impeachment
A witness may be impeached by calling into question her credibility. Typically, a witness's testimony is challenged based on her character for truthfulness, bias, ability to perceive or testify accurately, or prior statement that contradicts the witness's testimony at trial. In addition, a witness may be impeached by another witness or by evidence that contradicts the witness's testimony.
Authentication
All tangible evidence must be authenticated. To authenticate an item, the proponent must produce sufficient evidence to support a finding that the thing is what its proponent claims it is.
Best Evidence Rule
The best evidence rule requires that the original document or a reliable duplicate be produced in order to prove the contents of a writing, recording, or photograph, including electronic documents, x-rays, and videos. This rule applies only when the contents of the document are at issue or a witness is relying on the contents of the document when testifying.
Hearsay
Hearsay is an out-of-court statement that is offered to prove the truth of the matter asserted. If offered to prove something other than the truth of the matter asserted, then the statement is not hearsay.
Non-Hearsay
Prior statements
Prior inconsistent statements
Prior consistent statements
Prior statement of identification

o Opposing party's statement
Judicial admission
Adoptive admission
Vicarious statements
Hearsay Exceptions
Declarant unavailable as witness
o Former testimony
o Dying declaration
o Statement against interest
o Statement of personal/family history
o Statement against party that caused declarant's unavailability

Declarant's availability as a witness immaterial
o Present sense impression
o Excited utterance
o Statement of mental, emotional or physical condition
o Statement made for medical diagnosis/treatment
Recorded recollection (witness no longer able to testify)
o Business records
o Public records
o Learned treatises
o Judgment of previous conviction

Federal "catch-all" exception
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