Evidence

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Author:
bevisjl
ID:
119323
Filename:
Evidence
Updated:
2011-11-28 01:53:00
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Evidence
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Evidence
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  1. What can Compromise Offers be used for?
    • 1. Bias or prejudice
    • 2. Negating contention of undue delay
    • 3. Prove effort to obstruct criminal investigation
  2. What CAN"T Compromise Offers be used for?
    • 1. Liability
    • 2. Prove validity or amount of claim
    • 3. Impeach by prior inconsistent statement or contradiction
    • 4. Offer and any other statement made at same time
  3. When is evidence of previous pleas not admissible?
    • 1. guilty pleas withdrawn
    • 2. nolo contendere
    • 3. statement made during plea discussions with attorney
  4. When can Insurance evidence be admissible?
    • When proving:
    • 1. Bias or prejudice
    • 2. Agency, ownership or control--IF disputed
  5. When CAN'T Insurance evidence be admissible?
    To prove person acted negligently or wrongly
  6. List 9 ways to Impeach a witness.
    • 1. Truthfulness & veracity
    • 2. Ability to remember
    • 3. Ability to tell story
    • 4. Ability to perceive
    • 5. Bias--Always significant
    • 6. Contradiction-both statements made at trial
    • 7. Criminal Convictions
    • 8. Prior untruthful acts--only intrinsic
    • 9. Prior Inconsistent Statments-1st stmt said before trial
  7. An expert witness must have what 4 qualifications?
    • 1. Testimony must help trier of fact understand evidence or determine fact in issue
    • 2. Testimony based on sufficient facts or data
    • 3. Testimony is product of reliable principles and methods
    • 4. Expert has reliably applied principles and methods to facts of the case
  8. What are the major 4 categories of Hearsay?
    • 1. Hearsay by Definition
    • 2. Not Hearsay
    • 3. Not Hearsay because rules say they are not. (Exemptions)
    • 4. Hearsay Exceptions
  9. What is the definition of Hearsay?
    • 1. Out of court
    • 2. Statement
    • 3. by a declarant
    • 4. for truth of the matter asserted
  10. What are the 5 categories that fall under #2--Not Hearsay?
    • 1. Speaker's state of mind
    • 2. Listener's state of mind
    • 3. Verbal act
    • 4. Contradict in-court testimony
    • 5. Provide context & meaning
  11. What are the two requirements for the #3 category--Hearsay Exemptions?
    • 1. Declarant testifies
    • 2. Declarant is subject to cross about prior statement
  12. What are the 4 categories of Hearsay Exemptions?
    • 1. Prior Inconsistent Statement
    • 2. Prior Consistent Statement
    • 3. Prior Identification
    • 4. Party Opponent Admission-Comes in for TRUTH
  13. What are the 5 types of Party Opponent Admissions?
    • 1. Straight Admissions
    • 2. Authorized Admissions
    • 3. Adoptive Admissions
    • 4. Employee Admissions
    • 5. Co-Conspirator Admissions
  14. What are the 7 Hearsay Exceptions when the Declarant IS available?
    • 1. Present sense impression
    • 2. Excited utterance
    • 3. Presently-existing state of mind, feeling or belief
    • 4. Medical diagnosis or treatment
    • 5. Recorded Recollection
    • 6. Records of Regularly conducted activity
    • 7. Public records
  15. What are 5 ways a Declarant can be Unavailable?
    • 1. Exempted by a testimonial privilege
    • 2. Refusing to testify
    • 3. Testifies to not remembering
    • 4. Dead or sick
    • 5. Absent from trial
  16. What are the 4 categories of Hearsay Exemptions when Declarant is UNavailable?
    • 1. Former Testimony
    • 2. Dying Declarations
    • 3. Statements Against Interest
    • 4. Statement offered against party who wrongfully caused Declarant's unavailability

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