Civil Ch 7

• Authenticity - Is it an actual depiction?
• Admissibility - Does it have probative value? Is it unduly prejudicial?

Evidence that offers info on the facts but it can create unfair prejudice.

Fixes a condition after an incident but can't be used; never admissible. (i.e. fixing a broken step)

An individual has the right to buy their peace; never admissible.

Business insurance pays for any medical expense no matter the accident if it occurs on their premises; never admissible. (i.e. falling down at Red Lobster)

Made at the start of trial; evidence objections; "Prejudical effect out weighs the probative value".

Someone who can only testify about what they saw/heard.

Someone who testify about their opinion based on their education, experience, and knowledge of the facts. They inform the jury through their education and experience.

• Medical Records
• Pictures
• Intergotories
• Previous Law suit records

Stamped documents from a government office.

Evidence that displays/demonstrates but does not go back with the jury. (i.e. a drawing of an accident)

Crimes like bad checks, I.D. theft, Fraud are admissible because they show dishonestly.

A person in a courtroom testifing about something they didn't actually see or hear.

• The jury cannot accuratey gage the person.
• 6th Amendment; right to face your accuser.

A statement against your interests "gee, I was driving too fast" - zero likely to say unless it was true.

Party says something against their interest, you would not say it if not true.

• Documents; medical records = qoutes (not going to lie to your doctor)
• Dying Declaration; statement made on deathbed but you most know that are you dying, then die, and die from what you thought.
• Recorded Recollection; wrote something out but it is allowed in to refresh memory.
• Documents made in the regular course of business; created during day to day business, not created for trial.

• Excited Utterance
• Present-Sense Impression
• Dying Declaration

Statement said under emotional influence after viewing a traumatic event (Someone else testifies about this utterance since the person who said it is not available for trial);Not made to prove the matter asserted but to prove that someone perceived it does.

Repeating what someone else said that describes a sense what they heard/saw/believed/smelled/perception; one of their senses told them. ("That plane doesn't look safe")