Civil Litigation Ch. 7

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  1. What is Revlevant Evidence?
    Evidence that proves or disproves a fact in issuse
  2. What is Probative Value?
    Evidence that offers info on the facts but it can create unfair prejudice.
  3. What is Prejudice?
    Is it unduly prejudicial? The jury makes a decision based on emotion.
  4. What are the 2 basic evidence objections?
    • Authenticity - Is it an actual depiction?
    • Admissibility - Is it relevant? Is it unduly prejudicial?
  5. Motion In Limine?
    Evidence objection before the start of trial;Prejudical effect outweighs the probative value.
  6. 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)
  7. What are Offers of Compromise or Settlement?
    A person has the right to buy their peace; not admissible.
  8. What are the Payment of Medicial Expenses?
    Business insurance pays for any medical expense no matter the accident; not admissible. (i.e. Red Lobster)
  9. What is a Lay Witness?
    Someone who can only testify about what they saw/heard.
  10. 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.
  11. 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.
  12. What are self authenticating documents?
    Stamped documents from a government office; replaces a certicate of records.
  13. 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)
  14. Ashton Rule?
    Crimes that show dishonesty are allowed; bad checks, I.D. Theft, Fraud, etc..
  15. What is Hearsay?
    A person in a court room testifing about something they didn't actually see /hear.
  16. Why is hearsay bad?
    • Jury can't accurately gage the person
    • 6th Amendment - Right to face your accurser
  17. What isn't hearsay?
    A party says something against their interest, you would not say it if not true.
  18. 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.
  19. 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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Civil Litigation Ch. 7
2011-08-01 12:43:57
Civil Litigation

Civil Litigation Ch. 7
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