Evidence

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Author:
lauzguy
ID:
92449
Filename:
Evidence
Updated:
2011-07-09 14:14:53
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lauzguy
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Description:
Evidence
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  1. Evidence Essay Approach
    • Form
    • Purpose
    • Presentation
    • Hearsay
    • Privilege
  2. Form
    • Form of the question:
    • Leading
    • Nonresponsive
    • Calls for narrative
    • Assumes facts not in evidence
    • Compound
    • Speculation
  3. Purpose
    • Logical Relevance
    • Legal Relevance
    • Character Evidence
    • Impeachment
  4. Legal Relevance
    • Probative Value vs Predjudicial Effect
    • Subsequent remedial measures
    • Offers to settle
    • Offers to pay medical expenses
    • Liability insurance
    • Withdrawn guilty pleas
    • CA Only: Expressions of sympathy
  5. Presentation (w/ Person)
    • Personal Knowledge
    • Competency
    • Lay Opinion
    • Expert Opinion
    • Present Recollection Refreshed
  6. Presentation (w/ Document)
    • Best Evidence Rule
    • Authentication
    • Chain of Custody
  7. Presentation (w/ Judicial Notice)
    Judicial Notice: Notorious or Manifest Intent
  8. Non-Hearsay
    • Prior Inconsistent Statement
    • Prior Consistent Statement
    • Prior Identification
    • Admission by Party Opponent
    • Vicarious Liability
    • Adoptive Admission
    • Co-Conspirator Admission
    • Admission by Authorized Agent
  9. Reliability Exceptions (Hearsay)
    • Excited Utterance (CA: Spontaneous Statement)
    • Present Sense Impression (CA: Contemporaneous Statement)
    • Present Bodily Condition
    • Past Bodily Condition (Treat/Diagnose)
    • Present State of Mind
  10. Documentary Exceptions (Hearsay)
    • Business Records
    • Past Recollection Recorded
    • Learned Treatise
    • Ancient Documents
    • Official Record
    • Vital STatistice
    • Family Records
    • Market Reports
  11. Unavailability Exceptions
    • Former Testimony
    • Dying Declaration
    • Statement Against Interest
    • Statement of Personal or Family History
    • Statement offered agaisnt party procuring declarant's unavailability
    • CA: Statement describing infliction or threat of bodily harm
  12. Past Recollection Recorded
    If a witness is unable to testify fully and accurately after refreshing his memory with a written document, the writing itself may be read into evidence if: 1) the witness at one time had personal knowledge of the facts recited in the writing, 2) the writing was made by the witness, 3) the writing was timely made, 4) the writing was accurate, and 5) the witness has insufficient recollection to testify fully and accurately.

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