Civil Litigation Ch. 7
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What is Revlevant Evidence?
Evidence that proves or disproves a fact in issuse
What is Probative Value?
Evidence that offers info on the facts but it can create unfair prejudice.
What is Prejudice?
Is it unduly prejudicial? The jury makes a decision based on emotion.
What are the 2 basic evidence objections?
- Authenticity - Is it an actual depiction?
- Admissibility - Is it relevant? Is it unduly prejudicial?
Motion In Limine?
Evidence objection before the start of trial;Prejudical effect outweighs the probative value.
What are Subsequent Remedial Measures?
It is where someone fixes a condition after the incident but it can't be used; not admissible. (i.e. Fixing a broken step)
What are Offers of Compromise or Settlement?
A person has the right to buy their peace; not admissible.
What are the Payment of Medicial Expenses?
Business insurance pays for any medical expense no matter the accident; not admissible. (i.e. Red Lobster)
What is a Lay Witness?
Someone who can only testify about what they saw/heard.
What is an Expert Witness?
Someone who testifies their opinion based on their education, experience, and knowledge of the facts. They inform the jury through their education & experience.
What us the Existence of Libaility Insurance?
"Deep pockets" Theory; the existance of the insurance does not disprove or prove the accident. People will make a decision on the policy and not the evidence; not admissible.
What are self authenticating documents?
Stamped documents from a government office; replaces a certicate of records.
What is Demonstrative Evidence?
Evidence that displays/demonstrates but doesn't go back with the jury. It explains/educates the jury. (i.e. Drawings on a white board of the accident)
Crimes that show dishonesty are allowed; bad checks, I.D. Theft, Fraud, etc..
What is Hearsay?
A person in a court room testifing about something they didn't actually see /hear.
Why is hearsay bad?
- Jury can't accurately gage the person
- 6th Amendment - Right to face your accurser
What isn't hearsay?
A party says something against their interest, you would not say it if not true.
What are some Hearsay Exceptions?
- Doucments - Medical Records = Quotes (not going to lie to your Dr.)
- Dying Declaration - Statement made on deathbed; you must know that you are dying, die, and die from what you thought you were dying from.
- Recorded Recollection - Wrote something out but it is allowed in to regresh your memory.
- Self-Authenticating Documents
- Documents made in the regular coruse of business - created during day to day business, not created for trial.
What are Hearsay Statement Exceptions?
- Excited Utterance - Statement said while under emotion after viewing a traumatic event. The person who actually said the statement is not available for trial.
- Present-Sense Impression - Repeating a statement someone else made that describes a sense; what they heard/saw/believed/perceived; one of their senses told them. Said it without thinking so it must be true.
- Purpose = Not made to prove the matter asserted but to prove that someone perceived it does.
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