Card Set Information
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?
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 guilty pleas withdrawn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?
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
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