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marital privilege (confidential)
neither husband nor wife can be a witness as to any confidential communication made by one to other during the marriage without the consent of the other. Only confidential stuff, and applies even after marriage ends.
marital privilege (no confidentiality)
A marital privilege prevents a husband or wife from testifying against the other without both consenting if they are currently married, and don't have to be confidential. Ends when divorce
admissible if it has a tendency to make a material fact more or less likely.
Hearsay is an out of court statement offered for the truth of the matter asserted and is generally inadmissible. Several exceptions.
A party statement is something said by person who is a party to the action, or can be a vicarious adoption of what another person said (failure to object, eg).
A statement made in confidence to get medical treatment is privileged. Privilege can be waived by the patient. Personal injury pltf is deemed to have waived the privilege 90 days after filing suit.
Hearsay on hearsay
Someone testifying about what X said to them, and that X told them about Ys statement. Exception must apply to both levels of hearsay
Present Sense Impression
Exception to hearsay. Doesn't matter if witness unavailable to testify. Statement made while the speaker is sensing the event or immediately after (5 minutes too late)
Balance prejudicial nature of testimony against it's relevance. Catch-all argument.
Competent to testify
Person must be capable of perceiving and relating facts and circumstances. Not directly related to age, but rather to court's assessment of kids ability to accurately perceive and relate facts truthfully.
Lay person's opinions admissibility
Lay persons opinion is only admisslbe if it is helpful to trier of fact, witness had opportunity to base opinion on observed facts, and opinion that a reasonable lay person could draw.
Expert opinion testimony
Allowed only if subject matter is beyond understanding of average juror and the scientific, technical, or other specialized knowledge woudl assist the trier of fact.
Witness qualifying as expert
a witness can qualify as an expert by knowledge, skill, education, experience, or training.
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