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What can Compromise Offers be used for?
- 1. Bias or prejudice
- 2. Negating contention of undue delay
- 3. Prove effort to obstruct criminal investigation
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
When is evidence of previous pleas not admissible?
- 1. guilty pleas withdrawn
- 2. nolo contendere
- 3. statement made during plea discussions with attorney
When can Insurance evidence be admissible?
- When proving:
- 1. Bias or prejudice
- 2. Agency, ownership or control--IF disputed
When CAN'T Insurance evidence be admissible?
To prove person acted negligently or wrongly
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
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
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
What is the definition of Hearsay?
- 1. Out of court
- 2. Statement
- 3. by a declarant
- 4. for truth of the matter asserted
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
What are the two requirements for the #3 category--Hearsay Exemptions?
- 1. Declarant testifies
- 2. Declarant is subject to cross about prior statement
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
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
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
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
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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