Evidence exam guide EVIDENCE GUIDE Formal Foundational Requirements Best Evidence Rule - a Original b Duplicate c Exceptions lost destroyed unobtainable Witness Competency Witness Person Knowledge Documents Authenticated a Chain of Custody b Process c Wit
EVIDENCE GUIDE Formal Foundational Requirements Best Evidence Rule - a Original b Duplicate c Exceptions lost destroyed unobtainable Witness Competency Witness Person Knowledge Documents Authenticated a Chain of Custody b Process c Witness w Knowledge d Self-Authentication Relevancy of Evidence O ?ered Material Probative Prejudicial Exclusions Even if Relevant Remedial Measures Insurance Pleas O ?ers to Settle O ?er to Pay Medical Costs WITNESSES Competency Personal Knowledge Prior Inconsistent Statements Lay Witness Expert Witness ?? must be speci ?cally quali ?ed Hearsay Impeachment Rehabilitation DOCUMENTS Authentication Self- Authentication Best Evidence Rule - CGENERAL PROVISIONS Preliminary Questions a a ?? Judge decides preliminary question about whether evidence is admissible by preponderance of the evidence Not bound to rules of evidence Legal Determination I e privilege exists witness quali ?ed evidence is admissible b b ?? Would jury ?nd by a preponderance of the evidence that fact exists Conditional Evidence Proof must be su ?cient to support ?nding that the fact exists Limiting Instruction a ?? restrict the evidence to its proper scope and instruct jury accordingly PRESUMPTIONS IN CIVIL CASES ?? Party against who presumption is directed ?? has burden of producing evidence to rebut presumption a Burden of persuasion remains on person who originally had it ?? State law governs the presumption RELEVANCE Relevant Evidence a i Propensity ?? tendency to make fact more or less probable than it would be w o the evidence ii Material ?? fact is of consequence in determining the action Element Credibility Context b ?? General Rule i Relevant evidence is admissible Irrelevant evidence is inadmissible Exclusion of Relevant Evidence a i Probative value is substantially outweighed by danger of Unfair prejudice Confusing the issues Misleading the jury Undue delay Wasting time Needlessly presenting Cumulative evidence CCHARACTER EVIDENCE Character Evidence a a ?? PROPENSITY to act in accord w Trait Inadmissible to prove that on particular occasion person acted in accordance with the character or trait i EXCEPTIONS FOR DEFENDANT OR VICTIM IN CRIMINAL TRIAL a A ?? REBUT DEFENDANT a Defendant may o ?er evidence of defendant ? s pertinent trait b If evidence is admitted c Prosecutor may o ?er evidence to rebut it a B ?? REBUT VICTIM a Defendant may o ?er evidence of victim ? s pertinent trait b If evidence is admitted c Prosecutor may o ?er evidence i To rebut it ii Of the defendant ? s same trait a C ?? IN HOMICIDE CASE ?? st Aggressor a Prosecutor may o ?er evidence of victim ? s trait of peacefulness i To Rebut Evidence that victim was st aggressor b b ?? Crime Wrongs or Other Acts i Inadmissible to prove Propensity ?? on particular occasion person acted in accordance w character ii EXCEPTION Admissible for other purpose a Motive Opportunity Intent Preparation Plan Knowledge Identity Absence of Mistake Lack of Accident Method of Proving Character a a ?? Reputation or Opinion only applies to a i If character or character trait is admissible ii It
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