Study sets matching "evidence"
Study sets
Classes
Users
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…
1.Hearsay... Define Hearsay.
1.Hearsay... Detail the 4-step approach to…
1.Hearsay ... Hearsay is not admissible ex…
1.Hearsay... Define Assertion.
Hearsay is a statement, other than one made by the declarant w…
• Isolate the statement.... • Determine who is the declarant.... • P…
the Supreme Court pursuant to statutory authority of or by Act…
A statement is an oral or written assertion, or nonverbal cond…
1.Hearsay... Define Hearsay.
Hearsay is a statement, other than one made by the declarant w…
1.Hearsay... Detail the 4-step approach to…
• Isolate the statement.... • Determine who is the declarant.... • P…
Hearsay
Declarant
character evidence
statement
A statement made out of court that is offered in court as evid…
a person who makes a statement
is a term used in the law of evidence to describe any testimon…
an oral or written assertion or nonverbal conduct of a person…
Hearsay
A statement made out of court that is offered in court as evid…
Declarant
a person who makes a statement
FRE 104(a)
FRE 104(b)
FRE 103(a)(1)
FRE 103(a)(2)
competence of lay witnesses and qualifications of experts, exi…
CONDITIONAL RELEVANCE... 104(b), governing preliminary questions…
Objections
Offers of Proof
FRE 104(a)
competence of lay witnesses and qualifications of experts, exi…
FRE 104(b)
CONDITIONAL RELEVANCE... 104(b), governing preliminary questions…
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…
Collateral Rule
Extrinsic Evidence Rule
Oral Testimony
Real Evidence
Judges use discretion under 493 and 611 to prohibit extrinsic…
Parties may present extrinsic evidence of prior events related…
Eye witness, people who saw event first hand. Character witnes…
Any physical evidence that party claims played direct role in…
Collateral Rule
Judges use discretion under 493 and 611 to prohibit extrinsic…
Extrinsic Evidence Rule
Parties may present extrinsic evidence of prior events related…
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…
FRE 801(a-c)-Definition of Hearsay
FRE 801(a) Statement
FRE 801(b) Declarant
FRE 801(c) Hearsay
a. Statement... b. Declarant... c. Hearsay
a person's oral, or written assertion, or nonverbal conduct if…
the person who made the statement-no non-human declarants
an out of court statement made by a declarant for the truth of…
FRE 801(a-c)-Definition of Hearsay
a. Statement... b. Declarant... c. Hearsay
FRE 801(a) Statement
a person's oral, or written assertion, or nonverbal conduct if…
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…
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…
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…
Circumstantial evidence
Questioned or unknown
Known sample
Coral Eugene Watts
relies on an inference to connect it to a conclusion of fact
Material that has been collected from a known location but is…
where each individual member of the population has a known, no…
The Sunday Morning Slasher"
Circumstantial evidence
relies on an inference to connect it to a conclusion of fact
Questioned or unknown
Material that has been collected from a known location but is…
Order of Discussion
Relevance
Prop 8
FRE 403/CEC 352
1. Relevance... 2. Foundation/personal knowledge/"presentation" (…
• Relevant evidence is evidence having a tendency to make the…
In CA, under Prop 8 no Relevant evidence shall be excluded in…
FRE 403: The court may exclude relevant evidence if its probat…
Order of Discussion
1. Relevance... 2. Foundation/personal knowledge/"presentation" (…
Relevance
• Relevant evidence is evidence having a tendency to make the…
V wishes to testify at trial that she p…
W testifies at trial that V was at the…
To prove D paid for his new Lexus, D ca…
To prove P assumed the risk, W offers t…
Not Hearsay because of exemption 801(d)(1)(c)... Yes, Admissible
Yes, Hearsay... Not admissible, no exception
Not Hearsay: Verbal Act/Independent Legal Significant statemen…
Declarant: Witness... If given to prove he had notice, then not h…
V wishes to testify at trial that she p…
Not Hearsay because of exemption 801(d)(1)(c)... Yes, Admissible
W testifies at trial that V was at the…
Yes, Hearsay... Not admissible, no exception
The Three Major Topics... 80% of questions
The Three Minor Topics
Evidence is RELEVANT if it has________…
All relevant evidence is ADMISSIBLE, UN…
relevance... witnesses... hearsay
authentication... best evidence rule... privileges
any tendency
danger of unfair prejudice ... confusion of the issues... misleading…
The Three Major Topics... 80% of questions
relevance... witnesses... hearsay
The Three Minor Topics
authentication... best evidence rule... privileges
Judge
Jury
Challenge Evidence Ruling
Completeness Rule
Determines preliminary questions of competency of evidence ... U…
Determines weight and credibility of the evidence
through an objection if it is admitted ... through an offer of p…
partial introduction of evidence, adverse party may compel int…
Judge
Determines preliminary questions of competency of evidence ... U…
Jury
Determines weight and credibility of the evidence
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…
What issues of evidence do we discuss a…
What is relevant evidence?
What does Prop 8 do?
What does Evidence Code Section 352 and…
a. Relevance... b. Foundation/Personal Knowledge/Presentation (if…
Relevant evidence means evidence having any tendency to make t…
Proposition 8 provides that relevant evidence shall not be exc…
*They exclude evidence where the probative value of the eviden…
What issues of evidence do we discuss a…
a. Relevance... b. Foundation/Personal Knowledge/Presentation (if…
What is relevant evidence?
Relevant evidence means evidence having any tendency to make t…
evidence
primary source
secondary source
point of view
Proof that something is true
Information that comes DIRECTLY from a person who was a part o…
Information from someone who DID NOT take part of the event
attitude about people or life
evidence
Proof that something is true
primary source
Information that comes DIRECTLY from a person who was a part o…
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…
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…
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…
Probabilistic Evidence
104
5 Basic Question to Explain Evidentiary…
Reasons for Evidence Law
Collins... 1. Statistical Evidence may be used where the proponen…
Judge decides prelimiary issues of privlidge, simple/coditiona…
1. What is the evidence being proffered?... 2. Who is the propone…
a. Mistrust of Juries: ... b. Substantive Policies relating to th…
Probabilistic Evidence
Collins... 1. Statistical Evidence may be used where the proponen…
104
Judge decides prelimiary issues of privlidge, simple/coditiona…
Rule 101
Rule 1101(a)
Rule 1101(b)
Rule 1101(c)
Scope; Definitions... These rules apply to proceedings in United…
Applicability of the Rules... (a) To Courts and Judges... These Rule…
Applicability of the Rules... (b) To Cases and Proceedings... These…
Applicability of the Rules... (c) Rules on Privilege... These rules…
Rule 101
Scope; Definitions... These rules apply to proceedings in United…
Rule 1101(a)
Applicability of the Rules... (a) To Courts and Judges... These Rule…
401
401 Test
402
403
Relevancy
(a) it has any tendency to make a fact more or less probable t…
Relevant Evidence is admissable unless any of the following pr…
Excluding evidence for prejudice, confusion, waste of time, etc
401
Relevancy
401 Test
(a) it has any tendency to make a fact more or less probable t…