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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) | 146 | 11 | 0 | English
Chapter 6: Other Exclusions of Relevant Evidence
412-SEX OFFENSE CASES and VICTIM'S PAST SEXUAL BEHAVIOR:
412: Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition
(a) Evidence generally inadmissible.--The following evidence is not admissible in any civil or criminal proceeding involving alle ... 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 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>>
Anonymous 10/23/2007 | 0 (0) | 144 | 13 | 0 | English
Problems #3: HEARSAY
[Fed. R. Evid. 801-806]
10-1: B charged with stealing then selling dogs for profit.SA owned dog named Fido that was one of animals allegedly stolen by B.Which evidence is Hearsay?
SA testified that when she saw Fido in B's yard he wagged his tail upon seeing her: NO = NOT a declarant(NOT hearsay
SA testified that she ... more>>
Anonymous 10/23/2007 | 0 (0) | 142 | 11 | 0 | English
Chapter 11: The Confrontation Clause
CONFRONTATION CLAUSE: In all criminal cases, the accused shall enjoy the right to confront the witnesses against him.
Criminal-does NOT apply in civil cases
Right possessed by accused:
NOT going to be obstacle if D wants to admit evidence against the government
ONLY where evidence is being admitted aga ... more>>
Anonymous 10/23/2007 | 0 (0) | 140 | 5 | 0 | English
Examination and competency of witnesses - rules 601- 615 -
601 - general rules of competency -
Every person is generally competent to be a witness.in a civil trial the laws shall be state laws.
602 - personal knowledge -
A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness ... more>>
Anonymous 10/23/2007 | 0 (0) | 140 | 11 | 0 | English
PROBLEMS #2:
Relevant but Inadmissible Evidence;
The Exclusion of unfairly prejudicial and other Evidence
[Fed. R. Evid. 403]
4-1: A killed in car accident late one night, sued truck driver.D wanted evidence in on blood resulted of A's blood alcohol level, but nurse said that she didn't smell alcohol: prejudicial against A, but NOT unfa ... 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>>
Rabia06 3/23/2008 | 0 (0) | 138 | 17 | 0 | English
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) | 136 | 0 | 0 | English
EVIDENCE OUTLINE
STRATEGY:
Is there a statement?
Is it made by a declarent?
Is it outside of sworn testimony?
Is it offered to prove the truth of the matter asserted?
Identify all possible exceptions that would admit the statement.
HEARSAY:
Definition: (a) A statement by a (b) declarent made (c) outside of sworn testimony, (d) offered t ... more>>
Semaj1212 4/15/2008 | 0 (0) | 133 | 4 | 0 | English
sammyc2007 3/28/2008 | 0 (0) | 131 | 4 | 0 | English
Anonymous 10/23/2007 | 0 (0) | 131 | 4 | 0 | English
EVIDENCE
Why rules of evidence?
Mistrust of juries.
Promote substantive issues that we want to protect while litigating
We want to protect things that occur outside this place. Privileges
To maximize trustworthiness of evidence
To promote trial efficiency
REAL v. DEMONSTRATIVE
Real Evidence - actually played a part in the controversy ( ... more>>
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