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28 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)
Questions of Law
Evidentiary issues that raise legal questions and not factual ones. Thus, the trial judge will make rulings on evidentiary issues.
The 3 R's: All evidence must be...
1. RELEVANT: must prove or disprove something in issue.

2. RELIABLE: must be firsthand or otherwise trustworthy info.

3. REAL: the info must be what it purports to be.
Declarations v. Affidavits
DECLARATIONS are written statements by a witness and signed under penalty of perjury,

while

AFFIDAVITS are written statments by a witness made under oath and acknowledged by a notary public.
Possible Exclusions of Relevant Evidence
Fed. Rules of Evidence 404-412

* Character traits
* Habit evidence
* Compromise/Offers to Compromise
* Policy Exclusions:
- Subsequent Remedial Measures
- Payment of Med. Expenses
- Liability Insurance
C H C P(rel)
The 3 Elements of Hearsay
1. a statement

2. made out of court

3. offered to prove the truth of the matter asserted in the statement
S O T
The 3 Categories of Statements
1. oral assertions

2. written assertions

3. assertive conduct- (nonverbal conduct that is intended as an assertion)
O W C
Basic Reasons for Testimonial Unreliability
* lack of perception
* poor memory
* inability to communicate
* motive to fabricate
P M C F
10 most common Hearsay Exceptions
1. Admission by a party opponent
2. Prior statements by witnesses
3. Statements against interest
4. Former testimony
5. Present sense impressions
6. Excited utterances
7. Statement of present/past conditions for medical diagnosis
8. Statement of present state of mind
9. Dying declarations
10. Records exceptions
A P S F I E D M D R
Statement of Present State of Mind
A statement by a declarant about his present physical/mental condition is admissible.
Dying Declarations
A statement by a declarant is admissible if made while he believes that he is about to die and the statment is about the circumstances of his injury.
* The declarant must now be unavailable to testify.
The 3 most common Record Exceptions
1. Recorded recollections- a record made of events at about the time the event occurred.
2. Business records- records made by employees in the course of their employment & made on behalf of the business.
3. Public records- Business records generated by governmental entities; no witness needed—they’re self-authenticating.
R B P
2 Principal Issues of Witness who Testify
1. Whether the witness is “competent” to testify.
2. If the witness does testify, how that witness may be “impeached.”
C I
Impeachment
The discrediting of a witness’ testimony so that their statements will not be believed by the trier of fact.
2 Types of Impeachment
1 Cross-examination
2. Introduction of Extrinsic evidence, or evidence that discredits the witness.
C X
Questions of Law
Evidentiary issues that raise legal questions and not factual ones. Thus, the trial judge will make rulings on evidentiary issues.
The 3 R's: All evidence must be...
1. RELEVANT: must prove or disprove something in issue.

2. RELIABLE: must be firsthand or otherwise trustworthy info.

3. REAL: the info must be what it purports to be.
Declarations v. Affidavits
DECLARATIONS are written statements by a witness and signed under penalty of perjury,

while

AFFIDAVITS are written statments by a witness made under oath and acknowledged by a notary public.
Possible Exclusions of Relevant Evidence
Fed. Rules of Evidence 404-412

* Character traits
* Habit evidence
* Compromise/Offers to Compromise
* Policy Exclusions:
- Subsequent Remedial Measures
- Payment of Med. Expenses
- Liability Insurance
C H C P(rel)
The 3 Elements of Hearsay
1. a statement

2. made out of court

3. offered to prove the truth of the matter asserted in the statement
S O T
The 3 Categories of Statements
1. oral assertions

2. written assertions

3. assertive conduct- (nonverbal conduct that is intended as an assertion)
O W C
Basic Reasons for Testimonial Unreliability
* lack of perception
* poor memory
* inability to communicate
* motive to fabricate
P M C F
10 most common Hearsay Exceptions
1. Admission by a party opponent
2. Prior statements by witnesses
3. Statements against interest
4. Former testimony
5. Present sense impressions
6. Excited utterances
7. Statement of present/past conditions for medical diagnosis
8. Statement of present state of mind
9. Dying declarations
10. Records exceptions
A P S F I E D M D R
Statement of Present State of Mind
A statement by a declarant about his present physical/mental condition is admissible.
Dying Declarations
A statement by a declarant is admissible if made while he believes that he is about to die and the statment is about the circumstances of his injury.
* The declarant must now be unavailable to testify.
The 3 most common Record Exceptions
1. Recorded recollections- a record made of events at about the time the event occurred.
2. Business records- records made by employees in the course of their employment & made on behalf of the business.
3. Public records- Business records generated by governmental entities; no witness needed—they’re self-authenticating.
R B P
2 Principal Issues of Witness who Testify
1. Whether the witness is “competent” to testify.
2. If the witness does testify, how that witness may be “impeached.”
C I
Impeachment
The discrediting of a witness’ testimony so that their statements will not be believed by the trier of fact.
2 Types of Impeachment
1 Cross-examination
2. Introduction of Extrinsic evidence, or evidence that discredits the witness.
C X