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15 Cards in this Set

  • Front
  • Back
01 Evidence
Evidence is every type of proof, presented in court and allowed by the judge, intended to help form a conclusion or judgment of alleged facts material to the case.
02 Relevance
Under FRE 401, "relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
03 Discretionary Relevance
Under FRE 403, evidence that is deemed relevant under FRE 401 may be excluded at the discretion of the judge if the probative value is substantially outweighed by a danger of unfair prejudice, confusion of issues, misleading the jury, or undue delay.
04 Character Evidence
Character evidence is substantive evidence offered to show the reputation or disposition of a prty or witness.
05 Best Evidence Rule
Under the best evidence rule, when proving the contents of a writing, recording, or photograph where the contents are material, the original must be produced; secondary evidence of the writing, recording, or photograph may be used if the original is unavailable.
06 Dead Man's Act
Under the Dead Man's Act, a witness is incompetent to testify about communications or personal transactions with a decedent, when the testimony is offered against the representatives or successors of the interest at issue, unless there is waiver.
07 Expert Opinion
Under the FRE, expert opinion is admissible if: (1) the subject matter is proper for expert testimony, (2) the witness is qualified to testify on the issue, (3) the witness possesses reasonable certainty for the opinion, and (4) the opinion is supported by an appropriate factual basis.
08 Impeachment
Impeachment is the process of calling the credibility of a witness into question. The primary method of impeachment is by cross-examination; other times witnessed may be impeached by extrinsic evidence to cast a cloud of doubt on the witness' credibility.
09 Hearsay
Under FRE 801, hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence as an assertion to prove the truth of the matter asserted.
10 Exemptions from Hearsay
Under the FRE 801(d), certain statements are exempted from the hearsay rule, including: (1) prior inconsistent statements as substantive evidence, (2) prior consistent statements, if the declarant is available for cross-examination, (3) prior statements of identification or description, and (4) party admissions.
11 Party-Opponent
A party-opponent admission is a statement made or act done that amounts to a prior acknowledgement by one of the parties to an action of one of the relevant facts. If the party said or did something that is inconsistent with testimony at trial, he is estopped from preventing admission of the evidence.
12 Exceptions to the Hearsay Rule
Under FRE 803, certain statements are admissible despite the hearsay rule, including: (1) excited utterances, (2) present sense impressions, (3) statements of mental, emotional, or physical condition, (4) statements made for purposes of medical diagnosis and treatment, (5) business records, (6) past recollection recorded, (7) public records and reports, and (8) learned treaties. Other exceptions to the hearsay rule require that the declarant is unavailable, including: (1) dying declarations, (2) former testimonies, and (3) statements against interest.
13 Privilege
A privilege is a rule that excludes evidence that would be otherwise admissible to protect a fundamental principle or relationship.
14 Unavailable
Under FRE 804(a), a declarant is deemed unavailable when: (1) the declarant is exempted from testifying on grounds of privilege; (b) the declarant, despite a court order, refuses to testify; (c) the declarant testifies that he has a lack of memory; (d) the declarant is deceased; (3) the declarant is unable to testify due to mental illness; (f) the declarant is absent and the statement's proponent has not been able to secure the declarant's attendance or testimony through reasonable means.
15 Nonhearsay
Under the FRE, certain statements fall outside the definition of hearsay, including: (1) statements that are verbal acts or legally operative words, (2) statements showing the effect on the listener, (3) "statements" from nonhuman declarants, and (4) statements proving an inconsistent statement.