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15 Cards in this Set
- Front
- Back
What are the pragmatic considerations?
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Misleading the jury
Undue delay Confusion of the issues Unfair Prejudice (Danger of ) Waste of time Unduly cumulative |
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General Exception to admissibility of evidence?
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The court makes a discretionary determination that the probative value of the evidence is substantially outweighed by pragmatic considerations.
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What are the policy based exclusions? (5 of them)
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1. Liability Insurance
2. Subsequential Remedial Measures 3. Settlement offer in Civil Cases 4. Offer to pay medical expenses 5. Pleas in Criminal Cases |
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Proof of Liability Insurance?
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- inadmissible to proof fault or absence of fault
- admissible to prove ownership or control & to impeach the witness |
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Subsequential Remedial Measures?
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- 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 |
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Character Evidence?
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- refers to person genral disposition or propensity
- purposes:propensity; veracity; non-propensity purpose; chracter trait is at issue; |
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Issues related to character evidence?
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- 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 |
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When Leading Questions may be allowed?
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- P reliminary introductory matters
- Y outhful witness - H ostile witness - A dverse Party |
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Past Recollection Recorded
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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 |
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Witness Impeachment Methods?
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• 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 |
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Hearsay?
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- out of court statement
- made by a person - offered to prove truth of the matter asserted |
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4 principal categories of non-hearsay purposes?
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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 |
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Top 10 Hearsay Exceptions?
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• 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 |
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Judicial Notice
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- a recognition of a fact as true without formal presentation of evidence
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Privileges?
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1. Lawyer -client
2. Doctor - Patient 3. Husband - Wife: a) Spousal Communication Privilege b) Spousal Immunity |