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11 Cards in this Set
- Front
- Back
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Logical Relevance
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In order to be relevant, the evidence must tend to prove or disprove a fact in dispute.
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Legal Relevance
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The court should balance the probative value of the evidence against its prejudicial effect.
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Hearsay
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Hearsay is defined as an assertion made by an out-of-court declarant offered to prove the truth of the matter stated.
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Vicarious Admission
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Under this exception, a statement admitting culpability made by an employee during the employment relationship, concerning a matter within the scope of employment is admissible against the employer.
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Excited Utterance
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Under this exception , a statement made about an exciting event under the stress of such exciting event is admissible.
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Present Sense Impression
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Under this exception, the event need not be startling, but must be made contemporaneously while the declarant was perceiving the event.
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Declaration Against Interest
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Under this exception, a statement made by an unavailable declarant is admissible if it is against the declarant's financial or penal interest when made.
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Character Evidence
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Evidence of a person's character or disposition is inadmissible proof of the conduct of that person except as otherwise provided by law.
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Dying Declaration
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Under this exception, a statement made by an unavailable declarant who believes death is imminent relating to circumstances or threatened death with personal knowledge is admissible.
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Medical Diagnosis Statements
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Under this exception, a statement made of a past symptom, sensation, or condition is admissible if made for diagnosis or treatment of the declarant, and if pertinent to such diagnosis or treatment.
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Declaration against penal interests
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Under this exception, a statemetn made by an unavailable declarant against penal interest is admissible.
(Here, a reasonable person would/would not..) |
