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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?
What is probative value?
Evidence that offers info on the facts but it can create unfair prejudice.
What are subsequent remedial measures?
Fixes a condition after an incident but can't be used; never admissible. (i.e. fixing a broken step)
What are offers of a compromise or settlement?
An individual has the right to buy their peace; never admissible.
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)
What is a motion in limine?
Made at the start of trial; evidence objections; "Prejudical effect out weighs the probative value".
What is a lay witness?
Someone who can only testify about what they saw/heard.
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.
Examples of evidence
- Medical Records
- Previous Law suit records
What are self authentication documents?
Stamped documents from a government office.
What is demonstrative evidence?
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.
What is hearsay?
A person in a courtroom testifing about something they didn't actually see or hear.
Why is it Hearsay bad?
- The jury cannot accuratey gage the person.
- 6th Amendment; right to face your accuser.
What is not hearsay?
A statement against your interests "gee, I was driving too fast" - zero likely to say unless it was true.
What is hearsay not?
Party says something against their interest, you would not say it if not true.
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.
What are Hearsay Statement exceptions?
- Excited Utterance
- Present-Sense Impression
- Dying Declaration
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.
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")