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Mythri 1/30/2008 | 0 (0) | 267 | 9 | 0 | English
Always think about 403 (b) -is it unfairly prejudicial? HEARSAY 3) Does it meet an exception or exemption? Prior statement (801 (d)) -on stand and statement under oath Party admission (801) -offered against party who made statement (straight, adoptive, authorized, employee, co-conspirator) Declarant Immaterial (803) -present sense impression, excit ... more>>
Anonymous 10/23/2007 | 0 (0) | 149 | 9 | 0 | English
Chapter 10: NON-HEARSAY
Fed. R. Evid. 801(d)(1)-(d)(2)
FED. R. EVID. 801(d)(1): take category that WOULD have been hearsay, but say that it is NO longer hearsay [NON-hearsay] = admissible
801(d): Statements which are NOT hearsay. A statement is NOT hearsay if.
(1) Prior statement by witness-the declarant testifies at the trial or hearing ... more>>
Anonymous 10/23/2007 | 0 (0) | 163 | 9 | 0 | English
Chapter 5: Character & Habit Evidence
USES for CHARACTER EVIDENCE:
Propensity-because someone has a particular trait or character, they have a propensity to act in a certain way and this is why they acted on this occasion
E.g.-establish trait of character of dishonest.can infer that he has a propensity to act in dishonest ways and more likely ... more>>
Anonymous 10/23/2007 | 0 (0) | 145 | 9 | 0 | English
Chapters 7 & 8
The Examination & Impeachment of Witnesses
The Competency of Witnesses
The EXAMINATION of WITNESSES:
Each party's case is presented largely through testimony [P(D [rebuttal](P((D)((P)]
Prosecution can present anything that is relevant.defense's case is NOT necessarily limited by what prosecution says
Later is limited to what ... more>>
Anonymous 10/23/2007 | 0 (0) | 116 | 9 | 0 | English
Chapter 14
Proof Issues
Allocation of Proof; Judicial Notice; Presumptions
JUDICIAL NOTICE:
201-Judicial Notice of Adjudicative Facts
(a) Scope of rule. This rule governs only judicial notice of adjudicative facts.
(b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either
(1) genera ... more>>
Anonymous 10/23/2007 | 0 (0) | 155 | 9 | 0 | English
Chapter 13
Authentication, Identification, and the Best Evidence Rule
Authentication and Identification:
901: Requirement of Authentication or Identification
(a) General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the ma ... more>>
Jasonpet 11/25/2007 | 0 (0) | 352 | 9 | 0 | English
FEDERAL RULES
OF
EVIDENCE
DECEMBER 1, 2005
UN
UM
E PLU
RIB
US
Printed for the use
of
THE COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
109TH CONGRESS " COMMITTEE PRINT ! No. 4
1st Session
FEDERAL RULES
OF
EVIDENCE
DECEMBER 1, 2005
UN
UM
E PLU
RIB
US
Printed for the use
of
THE COMMITTEE ON THE JUDICIARY ... more>>
Anonymous 8/29/2007 | 0 (0) | 140 | 9 | 0 | english
Relevance
Is the evidence offered relevant?
Relevant evidence is generally admissible, irrelevant evidence is inadmissible.
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these ru ... more>>
brtot 8/9/2008 | 0 (0) | 48 | 8 | 0 | English
Start your essay with: Applicable Rule: California Code of Evidence (CCE) and the Federal Rules of Evidence (FRE) apply. Evidentiary rules attempt to provide fact finders with reliable relevant facts and exclude all else. The most tested issues are: Relevance: To be admissible, evidence must first be relevant. A piece of evidence is logically relev ... more>>
Anonymous 10/23/2007 | 0 (0) | 154 | 8 | 0 | English
Chapter 10: CLASSIC HEARSAY
[Fed. R. Evid. 801]
Problem Set #3
HEARSAY: Fed. R. 801(a)-(c):
Fed. Rule § 801(a)-(c): Definitions
Statement: A 'statement' is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion
Declarant: A 'declarant' is a person who makes a statement
... more>>
Anonymous 10/23/2007 | 0 (0) | 124 | 8 | 0 | English
Chapter 6: Relevancy Revisited
SUBSEQUENT REMEDIAL MEASURES:
403: Judge has discretion to exclude evidence if probative value is outweighed unfair prejudice; confusing the issues; misleading the jury; undue delay; waste of time; needlessly cumulative [Judges can vary on what evidence is admitted]
407: Subsequent Remedial Measures-When, afte ... more>>
Anonymous 10/23/2007 | 0 (0) | 114 | 8 | 0 | English
Chapter 9
Lay and Expert Opinion Testimony
LAY OPINION TESTIMONY:
701: Opinion Testimony by Lay Witnesses-If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, (b) helpful to a clear ... more>>
Anonymous 10/23/2007 | 0 (0) | 138 | 8 | 0 | English
Chapter 12
Privileges
PRIVILEGES GENERALLY:
501: General Rule-Except as otherwise required by the Constitution of the United States or provided by Act of Congress or in rules prescribed by the Supreme Court pursuant to statutory authority, the privilege of a witness, person, government, State, or political subdivision thereof shall be governe ... more>>
Jasonpet 11/25/2007 | 0 (0) | 210 | 8 | 0 | English
EVIDENCE NOTES Perrin Cell 818 384 7173 House 818 348 1073 REQUIREMENTS FOR THE ADMISSION OF EVIDENCE 1 RELEVANCE a Defined Evidence is relevant if it 1 Makes more of less likely Probative 2 a fact of consequence to the determination of the action b 1 Probative Any tendency to make fact more or less likely Low threshold can ... more>>
Jasonpet 11/25/2007 | 0 (0) | 255 | 8 | 0 | English
Evidence Finals Page 1 of 6 Final Examination Evidence Fall 1991Professor ChaseTotal No of Questions 2Time 2 Hours QUESTION I Albert Brenda and Charlie were charged with robbing the First National Bank of Saugus on September 3 1991 On that date at 11 00 a m two males and one female entered the bank Each wore a mask in the image of Ronal ... more>>
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