Evidence Rules 1

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Author:
woof686
ID:
26645
Filename:
Evidence Rules 1
Updated:
2010-07-17 11:07:01
Tags:
Presentation Evidence
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Description:
Presentation of evidence
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  1. Rulings on evidence
    Objection - motion to strike evidence being emtered

    Offer of Proof - records an objection to evidence ntot being necessary.

    Either is needed before judge makes definitive ruling on admissibility in order to preserve the objection for appeal. Neither is needed to object on appeal for plain error in asdmission.

    Judicial notice - court's acceptance of fact without formal proof. Available only for adjudicative facts. Jury in civil case must acept judicial notice facts as true; criminal juries may, but aren't required to.

    NY Rule: under federal rule, judge MUST take judicial notice upon request from a party, under NY rule, judge has ultimate decision whether to take judicial notice. BUT judge MUST take notice (without request) of common law, constitutions, and public statutes of US gov't and state governments, but need not take judicial notice of acts of federal and state congresses, ordinances and regs of agencies, and laws of foreign countries.
  2. Improper questions
    Leading questions on direct (permitted for witnesses who have difficulty communicating, on cross-examination, and on hostile witnesses)

    Compound questions

    Questions assuming facts not in question

    Argumentative questions

    Questions calling for conclusions witness not qualified to make

    Repetitive questions
  3. Presumptions
    Federal rules: presumptions generally shift burden of production but not burden of persuasion

    New York rule: some presumptions, such as the presumptions against suicide and illegitimacy, shift the burden of persuasion to the party against whom the presumption lies. Some others, such as that in favor of receipt of a mailed letter, while only shifting the burden of production, require a more substantial showing to rebut them than required under the federal rules.

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