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10 Cards in this Set
- Front
- Back
Methods of impeaching a witness that allow extrinsic evidence
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*Prior inconsistent statements (with chance to explain)
*Bias/interest - ask about facts first *Conviction of a crime - felonies or dishonesty crimes. No EE foundation necessary *Sensory deficiencies |
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Methods of impeaching a witness - EE not allowed
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prior bad acts - if the act is probative of truthfulness
opinion/reputation for truth |
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Timely objections
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*made after question, before answer
*motions to strike made immediately after the answer *motion to strike for unresponsive - only examining atty |
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Parol evidence rule
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Doesn't apply to:
*incomplete or ambiguous K *reformations of K Okay for: *challenge to K validity (fraud, duress) *subsequent modifications |
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Authentication of documents for admissibility
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Must be authenticated in a manner that is "sufficient to support a jury finding of genuineness"
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Best evidence rule - inapplicability
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Does not apply to:
*writing to prove collateral issues *public records *big volumes *facts that exist independently of the writing |
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Attorney-client privilege: agents
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Communication made through atty's agents is also privileged
*includes physician who is acting as atty's agent (i.e. giving client an exam at atty's direction) |
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Attorney-client privilege: no application
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*when services are sought in something client knows/shoudl know is a crime or fraud
*communication relevant to an issue parties claim through the same dead client *when the issue is a breach of duty between atty and client |
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Attorney-client privilege: who holds
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Only the client. Only the client may waive the privilege
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Attorney-client privilege: scope
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Indefinitely, even after client's death
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