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
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…
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…
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…
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…
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…
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 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…
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…
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
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…
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…
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…
Relevancy
Pragmatic Considerations
Permissible Similar Occurrences Evidence
Plaintiff's Accident History
Evidence is relevant if it has any tendency to make a material…
All relevant evidence is admissible unless an exclusionary rul…
1. P's accident history... 2. Similar accidents caused by same ev…
Generally: P's accident history is inadmissible because it sho…
Relevancy
Evidence is relevant if it has any tendency to make a material…
Pragmatic Considerations
All relevant evidence is admissible unless an exclusionary rul…
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…
Relevance
Rule 403
Probativeness Factors
Considerations weighed against probativ…
Rule 401... To be admissible as evidence, something must:... 1. Rele…
All relevant evidence is admissible unless:... 1. specific policy…
1. clarity/vagueness... 2. inferences needed to be relevant... 3. lo…
danger of:... -undue prejudice... -confusing finder of fact... -misl…
Relevance
Rule 401... To be admissible as evidence, something must:... 1. Rele…
Rule 403
All relevant evidence is admissible unless:... 1. specific policy…
Relevance
All relevant evidence is admissible unl…
Pragmatic Consideration... =
Not relevant generally
Evidence is relevant if it has any tendency to make a material…
Some specific exclusionary rule is applicable ... or... the court ma…
-danger of unfair prejudice... -Confusion of issues... -misleading t…
Evidence concerning some time, event or person other than that…
Relevance
Evidence is relevant if it has any tendency to make a material…
All relevant evidence is admissible unl…
Some specific exclusionary rule is applicable ... or... the court ma…