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What are the two basic evidence objections?
- Authenticity - Is it an actual depiction?
- Admissibility - Does it have probative value? Is it unduly prejudicial?
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What is probative value?
Evidence that offers info on the facts but it can create unfair prejudice.
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What are subsequent remedial measures?
Fixes a condition after an incident but can't be used; never admissible. (i.e. fixing a broken step)
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What are offers of a compromise or settlement?
An individual has the right to buy their peace; never admissible.
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What is the existence of liability insurance?
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)
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What is a motion in limine?
Made at the start of trial; evidence objections; "Prejudical effect out weighs the probative value".
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What is a lay witness?
Someone who can only testify about what they saw/heard.
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What is an expert witness?
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.
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Examples of evidence
- Medical Records
- Pictures
- Intergotories
- Previous Law suit records
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What are self authentication documents?
Stamped documents from a government office.
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What is demonstrative evidence?
Evidence that displays/demonstrates but does not go back with the jury. (i.e. a drawing of an accident)
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Ashton rule
Crimes like bad checks, I.D. theft, Fraud are admissible because they show dishonestly.
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What is hearsay?
A person in a courtroom testifing about something they didn't actually see or hear.
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Why is it Hearsay bad?
- The jury cannot accuratey gage the person.
- 6th Amendment; right to face your accuser.
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What is not hearsay?
A statement against your interests "gee, I was driving too fast" - zero likely to say unless it was true.
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What is hearsay not?
Party says something against their interest, you would not say it if not true.
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What are some hearsay exceptions?
- 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.
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What are Hearsay Statement exceptions?
- Excited Utterance
- Present-Sense Impression
- Dying Declaration
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What is excited utterance?
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.
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What is present-sense impression?
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")
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