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13 Cards in this Set
- Front
- Back
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When is evidence warrant admission?
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It must be sufficiently probative to warrant admission.
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What is logical relevancy?
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When evidence must have some tendency to prove or disprove a fact of consequence
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Simialr happenings and transactions
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proponent must show a substantial identity of material circumstances.
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What are the three sources of Evidence Law?
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1.state common law and miscellaneous state statutes 2. comprehensive state evidence codes, and 3. the Federal Rules of Evidence
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What rules govern the MBE (Multistate Bar Exam)?
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The Federal Rules govern the MBE. Beware of answer choices stating the correct common law rule, rather thanthe Federal Rule
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When is evidence admissible?
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Generally relevant evidence is admissible if it is competent. Under the Federal Rules, "relevant evidence tends to prove (probativeness) any fact of consequence to the action (materiality).
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When is evidence competent?
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It is competent if it does not violate any exclusionary rule (e.g.heresay rule)
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What is direct evidence?
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Direct evidence involves no inferences. It is testimony or realevidence that speaks directly to a material issue in the case.
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What is circumstantial evidence?
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it is evidence that is indirect and relies on inference. It is evidence of a subsidiary or collateral fact from which, alone or in conjunction with other facts, the existence of the material issue can be inferred.
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Explain limited admissibility
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Evidence maybe admissible for one purpose but not another, or admissible against one party ut not another. In these situations, the court must, upon request, restrict the evidence to its proper scope and instruct the jury accordingly.
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How should relevance questions be appoached?
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1. determine whather the evidence is relevant(i.e. tends to prove or disprove a material fact)
2. If relevant, determine whether the evidenceshould nonetherless be excluded based on :i) judicial discretion(i.e.probative value outweighedby prejudice,etc.), or ii) public policy (e.g. insurance, subsequent repairs). |
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When is evidence determined to be relevant?
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if it tends to make the existence of any fact of consequence to the outcome of the action more probablethanit would be without the evidence.
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What is the general rule regarding the relevance of evidence?
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It must relate to the time , event or person involved in the present litigation; otherwise,it is not relevant.
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