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7 Cards in this Set

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  • Back

Relevance

All evidence must be relevant. Relevant evidence is evidence that has the tendency to disprove or prove any fact that may affect the outcome of the action.


The judge in any case has the discretion to exclude any relevant evidence if it's probative value substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury, or schedule considerations.

Character evidence

1. Character evidence is inadmissible if offered by the prosecutor to show that the defendant has the propensity to commit crimes.


2. Character evidence is admissible if offered by defendant to show character not in keeping with crime charged.


3. Victims bad character maybe introduced into evidence by defendant except in rape cases, where rape shield law apply.

Judicial notice

Judicial notice establishes a fact as being true during trial. Court takes judicial notice of adjudicative facts if they are indisputable because they are commonly known or maybe ascertainable.

Privileges

Privileges permit the one who is invoking them to refuse to disclose, and prohibit others from disclosing certain confidential communications during judicial proceedings.

Testimonial evidence

1. Opinion testimony 2. Rehabilitation testimony 3. Witness competence testimony 4. Non responsive answers testimony 5. Impeachment testimony 6. Leading questions 7. Past recollection recorded foundation testimony 8. Use of written material during trial 9. They are five ways to impeach a witness 10. Conviction of crimes (felony or dishonesty) crimes 11. Opinion/ reputation for truthfulness

Hearsay

Hearsay is a out of court statement offered for the truth of the matter asserted.

Written evidence authentication

Authentication means proving that a writing or object is what the proponent of the evidence claims.