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aflusche 6/15/2008 | 0 (0) | 120 | 8 | 0 | English
Flusche 1 of 13
Evidence – Outline
I. Relevancy (2) A. Materiality & Logical Relevancy – 401, relevant EE makes goal ↑↓ probable – 402, relevant EE admissible B. Prejudice & Probativeness – 403, rele. EE may be excluded if PV more>>
CrisologaLapuz 8/15/2008 | 0 (0) | 240 | 7 | 0 | 0
This is an example of evidence that demands a verdict. This document is useful for conducting evidence that demands a verdict. more>>
Anonymous 10/23/2007 | 0 (0) | 174 | 7 | 0 | English
Introduction to the Laws of Evidence
Overview of Federal Rules of Evidence
The baseline foundational principle on which the FRE are based on is reliability.
FRE 101 Scope - rules governing proceedings in courts to the extent and with exceptions stated in Rule 1101.
FRE 102 Purpose & Construction - to secure fairness in administration, eliminati ... more>>
Mythri 1/30/2008 | 0 (0) | 73 | 7 | 0 | English
Anonymous 10/23/2007 | 0 (0) | 160 | 7 | 0 | English
Chapter 1: Introduction to Evidence
Chapter 2: Function of Judge, Jury, and Attorneys at Trial
POLICIES UNDERLYING RULES of EVIDENCE:
Skeptical of jurors' abilities-determine what evidence is reliable; put aside evidence that is inflammatory.limit what juror's are permitted to hear
Promote accuracy-decide based on facts relevant to issue at ... more>>
Jasonpet 11/25/2007 | 0 (0) | 173 | 7 | 0 | English
EVIDENCE OUTLINE
DETERMINING THE ADMISSIBILITY OF EVIDENCE 1
AUTHENTICATION § 901 & 902 1
BEST EVIDENCE RULE § 1001 & 1002. 2
JUDICIAL NOTICE (stipulating as to facts) 3
RELEVANCE 3
WITNESSES 5
OPINION TESTIMONY 6
CHARACTER EVIDENCE 7
IMPEACHMENT OF WITNESSES 8
Habit Evidence 10
PRIVELEGES 10
HEARSAY: 12
Definition 12
Not Hearsay 12 ... more>>
sammyc2007 4/10/2008 | 0 (0) | 130 | 7 | 0 | English
bruinsurv 6/30/2008 | 0 (0) | 68 | 6 | 0 | English
EVIDENCE INTRO Federal Rules of Evidence: a. Process began in 1909, but modern rules came about during Watergate era. i. Thus, all common law until 1975. II. Why do we have FREs? a. Distrust of juries. b. Structure for trial – should not be free-for-all. c. To ensure accurate factfinding. d. Substantive policies – other things going on, and we’ll f ... more>>
sammyc2007 2/4/2008 | 0 (0) | 157 | 6 | 0 | English
Hearsay Defined A statement, other than one made by the declarant while testifying at the trial or hearing, offered into evidence to prove the truth of the matter asserted. A statement, ? A statement is an expository or declarative expression. It is not an interrogatory, imperative or exclamation, unless the question/order/exclamation contains expo ... more>>
sammyc2007 2/4/2008 | 0 (0) | 93 | 6 | 0 | English
Rule 104: Preliminary Questions A. Questions of Admissibility, Generally. 1. all preliminary questions determining the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be made by the judge, who will not be bound by the rules of evidence (except those w/respect to privilege) 2. Relevancy ... more>>
sammyc2007 4/16/2008 | 0 (0) | 106 | 6 | 0 | English
Anonymous 10/23/2007 | 0 (0) | 168 | 6 | 0 | English
Hearsay Review
-Blind person perceiving [801(d)(1)(C)]-need to call police man and then call blind witness to testify
-Cal.-1-2 questions
-Prior Inconsistent Statements
-Cal/Fed. = admissible to impeach
-Fed. = admissible TOMA [801(d)(1)(A)]-inconsistent; oath/penalty perjury; prior proceeding
-Cal. = admissible TOMA.but doesn't have res ... more>>
Anonymous 10/23/2007 | 0 (0) | 175 | 6 | 0 | English
Testimonial or Physical Evidence:
Relevancy: threshold inquiry
This is relevant because.
May be relevant for more than 1 purpose [discuss relevant purpose and use = one purpose inadmissible and other purpose is admissible]
If Witness is testifying:
Whether basing on personal knowledge
Triggers whether discussing hearsay
Physical Evidence/D ... more>>
MaryJeanMenintigar 8/14/2008 | 0 (0) | 226 | 6 | 0 | 0
This is an example of evidence chain of custody. This document is useful for conducting evidence chain of custody. more>>
Anonymous 8/29/2007 | 0 (0) | 145 | 6 | 0 | english
1 I) Relevance FRE 401 Evidence needs: a) Any tendency 1) Needs to help the case a little-add a brick, not the whole wall. b) To make the existence of any material fact 1) Old Chief I [admit name of previous felony conviction]: The material fact does not have to be in dispute; evidence can be relevant to prove a point that all the parties agree on. ... more>>
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