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15 Cards in this Set

  • Front
  • Back
What are the pragmatic considerations?
 Misleading the jury
 Undue delay
 Confusion of the issues
 Unfair Prejudice (Danger of )
 Waste of time
 Unduly cumulative
General Exception to admissibility of evidence?
The court makes a discretionary determination that the probative value of the evidence is substantially outweighed by pragmatic considerations.
What are the policy based exclusions? (5 of them)
1. Liability Insurance
2. Subsequential Remedial Measures
3. Settlement offer in Civil Cases
4. Offer to pay medical expenses
5. Pleas in Criminal Cases
Proof of Liability Insurance?
- inadmissible to proof fault or absence of fault
- admissible to prove ownership or control & to impeach the witness
Subsequential Remedial Measures?
- Inadmissible to prove:
• Negligence
• Culpable conduct
• Product defect
• Need for a warning

- admissible to prove:
• Ownership
• Control
• Feasibility of safer condition
IF that issue is contraverted
Character Evidence?
- refers to person genral disposition or propensity
- purposes:propensity; veracity; non-propensity purpose; chracter trait is at issue;
Issues related to character evidence?
- Chracter Evidence in Criminal Cases:
1. D's character offered by the D
2. D's character offered by the Prosecution to rebutt.
3. Victim's Character in self-defense cases
4. V's character in sexual misconduct cases

- D's chracter evidence in Civil Cases
When Leading Questions may be allowed?
- P reliminary introductory matters
- Y outhful witness
- H ostile witness
- A dverse Party
Past Recollection Recorded
A writing may be reas to the jury as past recollection if:
- the witness once had personal knowledge
- witness now forgets and showing fails to jog his memory
- writing was either made or adopted by W
- writing was made when the event was fresh
Witness Impeachment Methods?
• PIS: Prior inconsistent statements
• BIM: Bias, interest or motive to misrepresent
• SD: Sensory deficiencies
• RO: Reputation or opinion
• CC: Criminal convictions
• BA: Bad acts
• C: Contradiction
- out of court statement
- made by a person
- offered to prove truth of the matter asserted
4 principal categories of non-hearsay purposes?
1. Impeachment
2. Verbal Acts
3. To show effect on person who heard or read the statement
4. Circumstantial Evidence of speaker's state of mind
Top 10 Hearsay Exceptions?
• Party admission
• Former testimony
• Forfeiture by wrongdoing
• Statement against interest
• Dying declaration
• Excited utterance
• Present sense impression
• Statement of then-existing mental, emotional, or physical condition
• Statement for purpose of medical treatment or diagnosis
• Business and public records
Judicial Notice
- a recognition of a fact as true without formal presentation of evidence
1. Lawyer -client
2. Doctor - Patient
3. Husband - Wife:
a) Spousal Communication Privilege
b) Spousal Immunity