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Study sets matching "evidence"

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Study sets matching "evidence"

127 terms
Evidence
1.Hearsay... Define Hearsay.
1.Hearsay... Detail the 4-step approach t…
1.Hearsay ... Hearsay is not admissible e…
1.Hearsay... Define Assertion.
Hearsay is a statement, other than one made by the declarant…
• Isolate the statement.... • Determine who is the declarant.... •…
the Supreme Court pursuant to statutory authority of or by Ac…
A statement is an oral or written assertion, or nonverbal con…
1.Hearsay... Define Hearsay.
Hearsay is a statement, other than one made by the declarant…
1.Hearsay... Detail the 4-step approach t…
• Isolate the statement.... • Determine who is the declarant.... •…
95 terms
***Evidence
What is relevant evidence?
(I) Relevance.... Relevant Evidence Admis…
(I) Relevance: ... Generally evidence fro…
(I) Relevance. ... Similar Occurrences:…
Evidence is relevant if it has any tendency to make a materia…
a. An exclusionary rule applies... or... b. Court determines that p…
1. Plaintiff's Accident History... ... 2. Similar Accidents caused…
1. Plaintiff's Accident History... - Not allowed (character evid…
What is relevant evidence?
Evidence is relevant if it has any tendency to make a materia…
(I) Relevance.... Relevant Evidence Admis…
a. An exclusionary rule applies... or... b. Court determines that p…
102 terms
Evidence
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 probab…
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
1. Supports proposition about whether or not D did it.... 2. Sup…
Ogden's Violent Criminal Past - ... Records admissible to corrob…
FRE 401 - "Bare Relevance" Standard
Having any tendency to make determination more or less probab…
FRE 402 - "Relevant Evidence" Standard
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
18 terms
Evidence
Hearsay
Declarant
character evidence
statement
A statement made out of court that is offered in court as evi…
a person who makes a statement
is a term used in the law of evidence to describe any testimo…
an oral or written assertion or nonverbal conduct of a person…
Hearsay
A statement made out of court that is offered in court as evi…
Declarant
a person who makes a statement
102 terms
Evidence--
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 probab…
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
1. Supports proposition about whether or not D did it.... 2. Sup…
Ogden's Violent Criminal Past - ... Records admissible to corrob…
FRE 401 - "Bare Relevance" Standard
Having any tendency to make determination more or less probab…
FRE 402 - "Relevant Evidence" Standard
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
13 terms
Evidence
Rule 803
Rule 803(1)
Rule 803(2)
Rule 803(3)
Exceptions to the Rule Against Hearsay — Regardless of Whethe…
Present Sense Impression. A statement describing or explainin…
Excited Utterance. A statement relating to a startling event…
Then-Existing Mental, Emotional, or Physical Condition. A sta…
Rule 803
Exceptions to the Rule Against Hearsay — Regardless of Whethe…
Rule 803(1)
Present Sense Impression. A statement describing or explainin…
145 terms
Evidence
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 i…
the person who made the statement-no non-human declarants
an out of court statement made by a declarant for the truth o…
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 i…
102 terms
Evidence
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 probab…
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
1. Supports proposition about whether or not D did it.... 2. Sup…
Ogden's Violent Criminal Past - ... Records admissible to corrob…
FRE 401 - "Bare Relevance" Standard
Having any tendency to make determination more or less probab…
FRE 402 - "Relevant Evidence" Standard
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
66 terms
Evidence
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 proba…
Order of Discussion
1. Relevance... 2. Foundation/personal knowledge/"presentation"…
Relevance
• Relevant evidence is evidence having a tendency to make the…
21 terms
evidence
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, n…
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…
47 terms
***Evidence
What is relevant evidence?
(I) Relevance.... Relevant Evidence Admis…
(I) Relevance: ... Generally evidence fro…
(I) Relevance. ... Similar Occurrences:…
Evidence is relevant if it has any tendency to make a materia…
a. An exclusionary rule applies... or... b. Court determines that p…
1. Plaintiff's Accident History... ... 2. Similar Accidents caused…
1. Plaintiff's Accident History... - Not allowed (character evid…
What is relevant evidence?
Evidence is relevant if it has any tendency to make a materia…
(I) Relevance.... Relevant Evidence Admis…
a. An exclusionary rule applies... or... b. Court determines that p…
66 terms
Evidence
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 relate…
Eye witness, people who saw event first hand. Character witne…
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 relate…
22 terms
Evidence
Privileges
Priv. Against Self-Incrimination
Priv. Requirements
SPOUSAL TESTIMONY
something (a relationship) that is of relevant testimony... -not…
5th Amendment not compelled to be a witness against themselve…
1) intended communication to be confidential... 2) confidentiali…
1) MARITAL TESTIMONY PRIV.... 2) CONFIDENTIAL MARITAL COMM. PRIV.
Privileges
something (a relationship) that is of relevant testimony... -not…
Priv. Against Self-Incrimination
5th Amendment not compelled to be a witness against themselve…
51 terms
Evidence
V wishes to testify at trial that she…
W testifies at trial that V was at the…
To prove D paid for his new Lexus, D c…
To prove P assumed the risk, W offers…
Not Hearsay because of exemption 801(d)(1)(c)... Yes, Admissible
Yes, Hearsay... Not admissible, no exception
Not Hearsay: Verbal Act/Independent Legal Significant stateme…
Declarant: Witness... If given to prove he had notice, then not…
V wishes to testify at trial that she…
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
66 terms
Evidence
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 proba…
Order of Discussion
1. Relevance... 2. Foundation/personal knowledge/"presentation"…
Relevance
• Relevant evidence is evidence having a tendency to make the…
26 terms
Evidence
Judge
Jury
Challenge Evidence Ruling
Completeness Rule
Determines preliminary questions of competency of evidence…
Determines weight and credibility of the evidence
through an objection if it is admitted ... through an offer of…
partial introduction of evidence, adverse party may compel in…
Judge
Determines preliminary questions of competency of evidence…
Jury
Determines weight and credibility of the evidence
8 terms
Evidence
Primary Sources
Secondary Sources
Physical Evidence
Documentary Evidence
First evidence, Direct evidence, from an historic event ,pers…
Next, not the first evidence. Something that interprets or an…
Evidence that is in physical form- n Artifact
Something written - includes photographs, map, drawing, hand…
Primary Sources
First evidence, Direct evidence, from an historic event ,pers…
Secondary Sources
Next, not the first evidence. Something that interprets or an…
64 terms
Evidence
LOGICAL RELEVANCE, rule
LEGAL RELEVANCE, rule for not allowing…
Similar Happenings, typically irreleva…
5 POLICY CONSIDERATIONS (to prohibit r…
if it has any tendency to make a material fact of consequence…
If the probative value of the evidence is outweighed by its p…
(1) used to show Causation; ... (2) to show a Pattern in fraudul…
(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 p…
169 terms
EVIDENCE
FRE 801(a-c)-Definition of Hearsay
FRE 801(a) Statement
FRE 801(b) Declarant
FRE 801(c) Hearsay
An out of court statement offered for the truth of the matter…
a person's oral, or written assertion, or nonverbal conduct (…
the person who made the statement-no non-human declarants
an out of court statement made by a declarant for the truth o…
FRE 801(a-c)-Definition of Hearsay
An out of court statement offered for the truth of the matter…
FRE 801(a) Statement
a person's oral, or written assertion, or nonverbal conduct (…
37 terms
Evidence
Rule 401: Relevance
Rule 402: Relevant Evidence Admissibil…
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 sc…
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 Admissibil…
Any relevant evidence is admissible unless it violates ... o The…
95 terms
***Evidence
What is relevant evidence?
(I) Relevance.... Relevant Evidence Admis…
(I) Relevance: ... Generally evidence fro…
(I) Relevance. ... Similar Occurrences:…
Evidence is relevant if it has any tendency to make a materia…
a. An exclusionary rule applies... or... b. Court determines that p…
1. Plaintiff's Accident History... ... 2. Similar Accidents caused…
1. Plaintiff's Accident History... - Not allowed (character evid…
What is relevant evidence?
Evidence is relevant if it has any tendency to make a materia…
(I) Relevance.... Relevant Evidence Admis…
a. An exclusionary rule applies... or... b. Court determines that p…
7 terms
Evidence
Facts and Statistics
examples and illustration
Process
comparison and contrast
objective information and data
typical concrete instance and a longer extended example
Steps in chronological order
showing similarities and differences
Facts and Statistics
objective information and data
examples and illustration
typical concrete instance and a longer extended example
8 terms
Evidence
Primary Sources
Secondary Soures
Physical Evidence
Documentary Evidence
First evidence, direct evidence from a historic event, person…
Next, not the first evidence. Something that interrupts or an…
Evidence that is in a physical form -an artifact.
Something written- includes photographs, maps, drawings, hand…
Primary Sources
First evidence, direct evidence from a historic event, person…
Secondary Soures
Next, not the first evidence. Something that interrupts or an…
24 terms
Evidence
Text evidence
Inference
Theme
Summarize
A paragraph from a text that supports a statement.
A conclusion you can make after reading something.
The lesson an author is trying to teach.
Writing the most important parts of a text in order.
Text evidence
A paragraph from a text that supports a statement.
Inference
A conclusion you can make after reading something.
102 terms
Evidence
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 probab…
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
1. Supports proposition about whether or not D did it.... 2. Sup…
Ogden's Violent Criminal Past - ... Records admissible to corrob…
FRE 401 - "Bare Relevance" Standard
Having any tendency to make determination more or less probab…
FRE 402 - "Relevant Evidence" Standard
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
147 terms
Evidence
M v HMA
R v Cannings (Angela)
Dickie
Leggate
authority for relevance... Evidence is only admissible if it is…
The rule of relevancy prevents a great deal of factual info b…
under much older law and would have been permissive. The comp…
full bench decision; goes through the statutory provisions an…
M v HMA
authority for relevance... Evidence is only admissible if it is…
R v Cannings (Angela)
The rule of relevancy prevents a great deal of factual info b…
9 terms
Evidence
Evidence
Crystal
Vinegar
Acid
Proof
The solid form of a material that can be identified by its sh…
A common type of acid used to test for calcite (we use it in…
Bubbles when it comes into contact with calcite
Evidence
Proof
Crystal
The solid form of a material that can be identified by its sh…
14 terms
Evidence
Relevancy
Pragmatic Considerations
Permissible Similar Occurrences Evidence
Plaintiff's Accident History
Evidence is relevant if it has any tendency to make a materia…
All relevant evidence is admissible unless an exclusionary ru…
1. P's accident history... 2. Similar accidents caused by same e…
Generally: P's accident history is inadmissible because it sh…
Relevancy
Evidence is relevant if it has any tendency to make a materia…
Pragmatic Considerations
All relevant evidence is admissible unless an exclusionary ru…
61 terms
Evidence
FRE 104(a)
FRE 104(b)
FRE 103(a)(1)
FRE 103(a)(2)
competence of lay witnesses and qualifications of experts, ex…
CONDITIONAL RELEVANCE... 104(b), governing preliminary questions…
Objections
Offers of Proof
FRE 104(a)
competence of lay witnesses and qualifications of experts, ex…
FRE 104(b)
CONDITIONAL RELEVANCE... 104(b), governing preliminary questions…
23 terms
Evidence
The police investigation process
Probable cause
Goals
Principle of exchange
Search and seizure restrictions and other rights must be prot…
Requires facts or evidence that would lead a reasonable perso…
The goals of a crime - scene investigation is to recognize, d…
Factors include intensity, duration and nature of materials=f…
The police investigation process
Search and seizure restrictions and other rights must be prot…
Probable cause
Requires facts or evidence that would lead a reasonable perso…
Evidence
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 probab…
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
1. Supports proposition about whether or not D did it.... 2. Sup…
Ogden's Violent Criminal Past - ... Records admissible to corrob…
FRE 401 - "Bare Relevance" Standard
Having any tendency to make determination more or less probab…
FRE 402 - "Relevant Evidence" Standard
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
102 terms
Evidence
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 probab…
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
1. Supports proposition about whether or not D did it.... 2. Sup…
Ogden's Violent Criminal Past - ... Records admissible to corrob…
FRE 401 - "Bare Relevance" Standard
Having any tendency to make determination more or less probab…
FRE 402 - "Relevant Evidence" Standard
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
11 terms
Evidence
Tub
Card
Tag line
Citation
Any storage device used for holding debate evidence and mater…
In debate, the term "card" is slang for evidence read in a de…
Often called a "tag;" a summary of evidence that precedes the…
Often called "cite" is the means of showing authorship to a q…
Tub
Any storage device used for holding debate evidence and mater…
Card
In debate, the term "card" is slang for evidence read in a de…
25 terms
Evidence
Rule 101
Rule 1101(a)
Rule 1101(b)
Rule 1101(c)
Scope; Definitions... These rules apply to proceedings in Unite…
Applicability of the Rules... (a) To Courts and Judges... These Rul…
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 Unite…
Rule 1101(a)
Applicability of the Rules... (a) To Courts and Judges... These Rul…
26 terms
Evidence
Crime scene sketch
Link
Line (strip)
Grid
Key, Legend (Date, Time, Location, Day of week, Temperature),…
Forming logical links between evidence.
Large areas. Form one line and go across area searching for e…
Large areas. Same as line, but you rotate and do it at 90 deg…
Crime scene sketch
Key, Legend (Date, Time, Location, Day of week, Temperature),…
Link
Forming logical links between evidence.
11 terms
Evidence
Relevance
403
subsequent remedial measurements (407)
Settlement offers (408)
Evidence is relevant if it has a tendency to make a fact of c…
Court may exclude relevant evidence if its probative value is…
not admissible unless for impeachment, or if ownership, contr…
Neither party can introduce evidence of conduct or statements…
Relevance
Evidence is relevant if it has a tendency to make a fact of c…
403
Court may exclude relevant evidence if its probative value is…
106 terms
Evidence
Front
Forfeiture exception
When are statements NOT testimonial?
Hearsay - Cannot use admissible hearsa…
Back
(W unavailable due to D's wrongdoing)..............ANY Hearsa…
When primary purpose of questioning is to enable police assis…
Statement is testimonial..............D is unavailable.......…
Front
Back
Forfeiture exception
(W unavailable due to D's wrongdoing)..............ANY Hearsa…
10 terms
Evidence
Blood on note
Soil
Bullet
Polygraph Test
Biology unit
Physical Science Unit - geology section
Firearms Unit
Polygraph Unit
Blood on note
Biology unit
Soil
Physical Science Unit - geology section
8 terms
Evidence
FRE 403
FRE 602
FRE 603
FRE 701
The court may exclude Relevant evidence if its probative valu…
Fact witnesses need personal knowledge to testify
Must take/understand an oath prior to taking the stand.
Lay testimony must be (a) rationally based on the witness's p…
FRE 403
The court may exclude Relevant evidence if its probative valu…
FRE 602
Fact witnesses need personal knowledge to testify
14 terms
Evidence
Allowing expert opinions
Opinion is supported by proper factual…
Crawford
Unavailability
1. Helpful to jury... 2. Supported by proper factual basis... 3. Qu…
(1) admitted evidence, (2) personal knowledge, or (3) reasona…
Prohibits use of an out-of-court statement if ... 1. Declarant d…
Court exempts declarant from testifying due to privilege... 1 D…
Allowing expert opinions
1. Helpful to jury... 2. Supported by proper factual basis... 3. Qu…
Opinion is supported by proper factual…
(1) admitted evidence, (2) personal knowledge, or (3) reasona…
68 terms
Evidence
Pragmatic Considerations to bar releva…
P's accident history
Similar Accidents Caused by Same Instr…
Intent at Issue.
The danger of unfair prejudice... Confusion of the issues... The da…
Plaintiff's accident history is inadmissible because it shows…
Other accidents involving defendant are inadmissible because…
Prior similar conduct of a person may be admissible to raise…
Pragmatic Considerations to bar releva…
The danger of unfair prejudice... Confusion of the issues... The da…
P's accident history
Plaintiff's accident history is inadmissible because it shows…
39 terms
Evidence
Rule 404. Character Evidence
Rule 404. Character Evidence. Crimes,…
Rule 405. Method of Proving Character
Categories of Evidence
(a)(1): Prohibited Uses. Evidence of a person's character or…
(b)(1) Prohibited Uses. Evidence of crime, wrong, or other ac…
(a) By Reputation or Opinion. When evidence of a person's cha…
1. Real Evidence. Guns, contracts, etc.... 2. Representative. B…
Rule 404. Character Evidence
(a)(1): Prohibited Uses. Evidence of a person's character or…
Rule 404. Character Evidence. Crimes,…
(b)(1) Prohibited Uses. Evidence of crime, wrong, or other ac…
9 terms
Evidence
evidence
claim
facts
statistics
a piece of information that supports a claim
a writer's position on an issue or problem
true statements
facts in the form of numbers
evidence
a piece of information that supports a claim
claim
a writer's position on an issue or problem
10 terms
Evidence
analogous structures
fossil
fossil record
homologous structures
body parts that share a common function, but not structure
preserved remains or traces of ancient organisms
the total number of fossils that have been discovered
structures that are similar in different species of common an…
analogous structures
body parts that share a common function, but not structure
fossil
preserved remains or traces of ancient organisms
48 terms
Evidence
hearsay
relevant evidence
excited utterance
demonstrative evidence
Out of court statement offered to prove the truth of the matt…
anything having tendency in reason to prove or disprove a fac…
Statement concerning a startling event and made while declara…
Workproduct prepared for presentation to the fact finder to i…
hearsay
Out of court statement offered to prove the truth of the matt…
relevant evidence
anything having tendency in reason to prove or disprove a fac…
37 terms
Evidence
lay witness evidence
Judicial notice
Character evidence in criminal cases
Character Evidence in Civil Cases
1. rationally based on perception 2. helpful to the jury in d…
facts capable of ready and accurate confirmation ... common know…
1. P cannot intro reputation evidence to prove propensity ... 2.…
1. Inadmissibility unless directly at issue or element of cas…
lay witness evidence
1. rationally based on perception 2. helpful to the jury in d…
Judicial notice
facts capable of ready and accurate confirmation ... common know…
11 terms
Evidence
3 functions to discover the truth
Objections to oral evidence
If the question is proper but the answ…
Documents objections
1. Definition of issues between the parties which is known as…
1. Before a witness testifies :... When a witness is called to t…
E.g. hearsay... Strike the answer off the records
Objected to at the time they are being offered & NOT when the…
3 functions to discover the truth
1. Definition of issues between the parties which is known as…
Objections to oral evidence
1. Before a witness testifies :... When a witness is called to t…
36 terms
Evidence
Improper questioning
Logical relevance
Legal relevance
Character evidence (civil)
Leading, compound, assumes facts not in evidence, argumentati…
Evidence is relevant if it has a tendency to make a fact more…
Relevant evidence may be excluded if its probative value is s…
In a civil case, character evidence is not admissible to prov…
Improper questioning
Leading, compound, assumes facts not in evidence, argumentati…
Logical relevance
Evidence is relevant if it has a tendency to make a fact more…
20 terms
Evidence
801(d)(1)(A)
801(d)(1)(B)
801(d)(1)(C)
801(d)(2)(A)
PRIOR INCONSISTENT STATEMENT... 1. Declarant testifies at th…
PRIOR CONSISTENT STATEMENT... 1. Declarant testifies at the…
PRIOR STATEMENT FOR IDENTIFICATION... 1. Declarant testifies
INDIVIDUAL ADMISSION... 1. Statement must be made by a party
801(d)(1)(A)
PRIOR INCONSISTENT STATEMENT... 1. Declarant testifies at th…
801(d)(1)(B)
PRIOR CONSISTENT STATEMENT... 1. Declarant testifies at the…
258 terms
Evidence
The Three Major Topics... 80% of questions
The Three Minor Topics
Evidence is RELEVANT if it has________…
All relevant evidence is ADMISSIBLE, U…
relevance... witnesses... hearsay
authentication... best evidence rule... privileges
any tendency
danger of unfair prejudice ... confusion of the issues... misleadin…
The Three Major Topics... 80% of questions
relevance... witnesses... hearsay
The Three Minor Topics
authentication... best evidence rule... privileges
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