Study sets matching "evidence"
Study sets
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Classes
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Rule 401: Relevance
Rule 402: Relevant Evidence Admissibili…
Probative Value
Subjective belief
o It has any tendency to make a fact of more or less probable…
Any relevant evidence is admissible unless it violates ... o The…
Refers to the persuasive weight of evidence. Anything on a sca…
of evidence rather than hindsight evidence; subjective is all…
Rule 401: Relevance
o It has any tendency to make a fact of more or less probable…
Rule 402: Relevant Evidence Admissibili…
Any relevant evidence is admissible unless it violates ... o The…
101
201
301
302
Scope; Definitions ... (a) Scope. These rules apply to proceedi…
Judicial Notice of Adjudicative Facts ... (a) Scope. This rule…
Presumptions in Civil Cases Generally ... In a civil case, unle…
Applying State Law to Presumptions in Civil Cases ... In a civi…
101
Scope; Definitions ... (a) Scope. These rules apply to proceedi…
201
Judicial Notice of Adjudicative Facts ... (a) Scope. This rule…
101 Scope; Definitions
102 Purpose
606 Juror's Competency as a Witness (a)
606 Juror's Competency as a Witness (b)
(a) Scope. these rules apply to proceedings in U.S. courts. Th…
These rules should be consstrued so as to administer every pro…
At the Trial. A juror may not testify as a witness before the…
During an Inquiry into the Validity of a Verdict or Indictment…
101 Scope; Definitions
(a) Scope. these rules apply to proceedings in U.S. courts. Th…
102 Purpose
These rules should be consstrued so as to administer every pro…
401
403
404(a)
404(b)
Test for Relevant Evidence... relevant if:... (a) has any tendency t…
Excluding Relevant Evidence for Prejudice, confusion, waste of…
(a) Character Evidence; (b) Crime or other acts... (a)(1) genera…
(a) Character Evidence; (b) Crime or other acts... (b)(1) Prohib…
401
Test for Relevant Evidence... relevant if:... (a) has any tendency t…
403
Excluding Relevant Evidence for Prejudice, confusion, waste of…
Rules 101 & 1101
Motions in Limine
Rule 103
Rule 105
SCOPE OF RULES... Lays out where the rules apply: ... Civil Cases/…
Meaning "at the threshold"... Motions that are mainly concerned…
OBJECTING AND STRIKING EVIDENCE - RULING ON EVIDENCE... Outlines…
LIMITING INSTRUCTIONS ... Outlines how and when a judge should a…
Rules 101 & 1101
SCOPE OF RULES... Lays out where the rules apply: ... Civil Cases/…
Motions in Limine
Meaning "at the threshold"... Motions that are mainly concerned…
Test for Relevant Evidence
Materiality
Probativeness
General Admissibility of Relevant Evide…
Evidence is relevant if: (a) probabitveness: it has any tenden…
Whether the evidence offered relates to an issue in the case.…
Whether evidence logicially tends to prove a proposition for w…
Relevant evidence is admissible unless any of the following pr…
Test for Relevant Evidence
Evidence is relevant if: (a) probabitveness: it has any tenden…
Materiality
Whether the evidence offered relates to an issue in the case.…
What Federal Rules of Evidence Apply To…
P wants to introduce statements made by…
Judge vs. Jury
Judge vs. Jury re Witnesses
Apply To:... 1. Civil... 2. Criminal... 3. District Court... 4. Appeals... 5.…
The issue is whether the statements are testimonial and theref…
Jury = trier of fact... Judge = trier of law (and trier of fact i…
Judge determines and can consider inadmissible evidence:... 1. Wh…
What Federal Rules of Evidence Apply To…
Apply To:... 1. Civil... 2. Criminal... 3. District Court... 4. Appeals... 5.…
P wants to introduce statements made by…
The issue is whether the statements are testimonial and theref…
1101(a)... To Courts and Judges
1101(b)... To Cases and Proceedings
1101(c)... Rules on Privilege
1101(d)... Exceptions
The rules of evidence apply to proceedings before: ... - US Distr…
These rules apply in:... -civil cases and proceedings, including…
The rules on privilege apply to all stages of case or proceedi…
These rules - except those on privilege- do not apply to the f…
1101(a)... To Courts and Judges
The rules of evidence apply to proceedings before: ... - US Distr…
1101(b)... To Cases and Proceedings
These rules apply in:... -civil cases and proceedings, including…
LOGICAL RELEVANCE, rule
LEGAL RELEVANCE, rule for not allowing…
Similar Happenings, typically irrelevan…
5 POLICY CONSIDERATIONS (to prohibit re…
if it has any tendency to make a material fact of consequence…
If the probative value of the evidence is outweighed by its pr…
(1) used to show Causation; ... (2) to show a Pattern in fraudule…
(1) Liability insurance, ... (2) subsequent remedial measures, ... (…
LOGICAL RELEVANCE, rule
if it has any tendency to make a material fact of consequence…
LEGAL RELEVANCE, rule for not allowing…
If the probative value of the evidence is outweighed by its pr…
Common WRONG answers
Evidence essay approach
HS exceptions
CA Evidence essay
1) "Inadmissible because it is not the best evidence" -- misst…
1) relevance... -logically relevant - tending to prove a fact of…
Bring the following all together whether or not relevant... -stat…
The California Evidence Code (CEC) requires that evidence be l…
Common WRONG answers
1) "Inadmissible because it is not the best evidence" -- misst…
Evidence essay approach
1) relevance... -logically relevant - tending to prove a fact of…
Evidence - Impeachment
Evidence - Hearsay - business records e…
Evidence - Hearsay - admission of party…
Evidence - Hearsay - admission of party…
The friend's statement to his cellmate is a prior inconsistent…
The business records exception to the hearsay rule requires th…
This statement is admissible both to impeach the defendant's t…
What the defendant said to the plaintiff, even in a private co…
Evidence - Impeachment
The friend's statement to his cellmate is a prior inconsistent…
Evidence - Hearsay - business records e…
The business records exception to the hearsay rule requires th…
What is relevant evidence?
(I) Relevance.... Relevant Evidence Admiss…
(I) Relevance: ... Generally evidence from…
(I) Relevance. ... Similar Occurrences: ... P…
Evidence is relevant if it has any tendency to make a material…
a. An exclusionary rule applies... or... b. Court determines that pr…
1. Plaintiff's Accident History... ... 2. Similar Accidents caused…
1. Plaintiff's Accident History... - Not allowed (character evide…
What is relevant evidence?
Evidence is relevant if it has any tendency to make a material…
(I) Relevance.... Relevant Evidence Admiss…
a. An exclusionary rule applies... or... b. Court determines that pr…
Rule 803
Rule 803(1)
Rule 803(2)
Rule 803(3)
Exceptions to the Rule Against Hearsay — Regardless of Whether…
Present Sense Impression. A statement describing or explaining…
Excited Utterance. A statement relating to a startling event o…
Then-Existing Mental, Emotional, or Physical Condition. A stat…
Rule 803
Exceptions to the Rule Against Hearsay — Regardless of Whether…
Rule 803(1)
Present Sense Impression. A statement describing or explaining…
What should you watch out for with stip…
Lay Witness Personal Knowledge Requirem…
Lay Testimony/Competency of a Witness
IMPEACHMENT
strategic use of stipulation to keep damaging evidence out
In order for a lay witness to testify, he must have personal k…
Lay testimony is any testimony given by a witness not qualifie…
Impeachment of a witness is the questioning or discrediting of…
What should you watch out for with stip…
strategic use of stipulation to keep damaging evidence out
Lay Witness Personal Knowledge Requirem…
In order for a lay witness to testify, he must have personal k…
FRE 401 - "Bare Relevance" Standard
FRE 402 - "Relevant Evidence" Standard
Types of Relevant Evidence
FRE 401 - U.S. v. James
Having any tendency to make determination more or less probabl…
Relevant Evidence Generally Admissible; Irrelevant Evidence In…
1. Supports proposition about whether or not D did it.... 2. Supp…
Ogden's Violent Criminal Past - ... Records admissible to corrobo…
FRE 401 - "Bare Relevance" Standard
Having any tendency to make determination more or less probabl…
FRE 402 - "Relevant Evidence" Standard
Relevant Evidence Generally Admissible; Irrelevant Evidence In…
Three major areas of evidence law
Two minor areas of evidence law
General principals of the federal rules…
Two Step Approach for Deciding Whether…
1. Relevance... 2. Witnesses... (a) Form of examination - Types of…
1. Writings ... 2. Privileges
The rules apply to:... (1) All trials in fed court - civil and c…
Step 1: Determine whether the evidence is relevant (i.e., tend…
Three major areas of evidence law
1. Relevance... 2. Witnesses... (a) Form of examination - Types of…
Two minor areas of evidence law
1. Writings ... 2. Privileges
Primary Sources
Secondary Sources
Physical Evidence
Documentary Evidence
First evidence, Direct evidence, from an historic event ,perso…
Next, not the first evidence. Something that interprets or ana…
Evidence that is in physical form- n Artifact
Something written - includes photographs, map, drawing, hand w…
Primary Sources
First evidence, Direct evidence, from an historic event ,perso…
Secondary Sources
Next, not the first evidence. Something that interprets or ana…
CEC 210
CEC 350
CEC 401
CEC 410
Relevant evidence means evidence, including evidence relevant…
No evidence is admissible except relevant evidence.
Evidence is relevant if: (a) it has any tendency to make a fac…
Direct evidence is evidence that directly proves a fact, witho…
CEC 210
Relevant evidence means evidence, including evidence relevant…
CEC 350
No evidence is admissible except relevant evidence.
103 Rulings on Evidence
401 Test for Relevant Evidence
403 Confusion, Waste of Time, Prejudice
402 General Admissibility of Relevant E…
A party may claim error in admitting or denying evidence if th…
Evidence is relevant if it has a tendency to make any fact mor…
Evidence should be excluded if probative value is substantiall…
Irrelevant evidence should be exluded
103 Rulings on Evidence
A party may claim error in admitting or denying evidence if th…
401 Test for Relevant Evidence
Evidence is relevant if it has a tendency to make any fact mor…
FRE 102. Purpose.
FRE 103(a). Preserving a Claim of Error.
FRE 103(d). Preventing the Jury from He…
FRE 104. Preliminary Questions.
These rules should be construed so as to administer every proc…
A party may claim error in a ruling to admit or exclude eviden…
To the extent practicable, the court must conduct a jury trial…
(a) In General. The court must decide any preliminary question…
FRE 102. Purpose.
These rules should be construed so as to administer every proc…
FRE 103(a). Preserving a Claim of Error.
A party may claim error in a ruling to admit or exclude eviden…
fact
statistic
real world example/common knowledge
research/study
something which can be proven to be true
a numerical fact from a survey or poll
information most people know or believe to be true from experi…
information from a credible group of researchers
fact
something which can be proven to be true
statistic
a numerical fact from a survey or poll
Rule 612
Hitchcock Rule
403 Balancing Test... Reverse 403 Balanci…
Mercy Rule
Writings used to refresh a witness' memory... (a) Scope: Give the…
Collateral Issue = NO extrinsic evidence... Non-collateral issue…
403: EXCLUDE if substantially more ... prejudicial, confusing, wa…
404(A)(2)... a) ONLY Criminal D can raise own character... b) and e…
Rule 612
Writings used to refresh a witness' memory... (a) Scope: Give the…
Hitchcock Rule
Collateral Issue = NO extrinsic evidence... Non-collateral issue…
Authentication
901(a)
901(b)
Opinion about voice
1. 901(a)... 2. Every piece must be authenticated ... 3. 901(b)... 4. 1…
a party must offer enough evidence to support a finding by the…
1. Witness with Knowledge... 2. nonexpert testimony about handwri…
Familiarity can be based on hearing the voice at any time and…
Authentication
1. 901(a)... 2. Every piece must be authenticated ... 3. 901(b)... 4. 1…
901(a)
a party must offer enough evidence to support a finding by the…
804a1
804a2
804a3
804a4
Hearsay unavailable criteria - privilege
Hearsay unavailable criteria - refuses to testify - refusal pu…
Hearsay unavailable criteria - lack of memory to a specific su…
Hearsay unavailable criteria - death, physical or mental illne…
804a1
Hearsay unavailable criteria - privilege
804a2
Hearsay unavailable criteria - refuses to testify - refusal pu…