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7 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What's overridding requirement?
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RELEVANCE
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Irrelevant evidence always stays out!
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All evidence subject to
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BALANCING TEST
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Probative value v. Prejudice: can't have jury decide on emotion instead of fact
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Privileged Communications
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SEWER
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Strict construed: confidentiality Expectation, that holder may Waive, subject to Exception & a relationship.
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Hearsay Exceptions
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PES-MPB
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Present sense impression, excited utterance, state of mind, med treatment, past recollection recorded, business records
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Past Recollection
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PIFAT
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Pertinent to w's knowledge, Insufficient present recollection, Fresh when adopted, Accurate, Testimony
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Bus. Records Exception
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ABC-APR-CQ
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Autnethicated, Business record, made in Course of bus, recording Act/event, Proximate to time, Reliable circumstances, Computer legit, Quotes not OK
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Hearsay if Declarant Unavailable
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FBI
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Former testimony (and other party could develop), Belief of impending death, against Interest
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