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12 Cards in this Set
- Front
- Back
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Judge decides |
Preliminary questions of competency of evidence Also decides facts in a Bench Trial |
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Jury decides |
how much weight and credibility to give evidence |
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Rule of Completeness |
If only part of a piece of evidence is admitted, other party may compel the rest of it |
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Judicial Notice |
Only for Adjudicative Facts In Civil Trials, Jury must accept them as true In Criminal Trials, Jury may or may not accept them as true |
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Relevance |
Generally Admissible if: Probative: tendency to make a fact more or less likely than it would be without the evidence Material: fact is of consequence in determining the action |
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Exclusion of Relevant Evidence |
if probative value is substantially outweighed by the danger of unfair prejudice - confusing issues, misleading jury, undue delay, wasting time, needless presentation of cumulativeevidence |
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Character Evidence in Civil Cases |
- Always inadmissible to prove person acted in accordance with that trait on particular occasion - Admissible when character is essential element of the claim: e.g., defamation |
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Character Evidence of Defendant in Criminal Cases |
- Defendant's Character: --Prosecution can't bring in evidence of D's bad character to prove he has propensity therefore did this crime --Defense may "open the door" by bringing in evidence of good character by reputation or opinion (NOT specific acts); must be pertinent to crime charged |
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Character Evidence of Victim in Criminal Cases |
- Victim's Character --Defense may introduce reputation or opinion evidence of victim's character when relevant to defense asserted --Prosecution may rebut evidence of victim's character |
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Impeachment |
Character evidence of witness' untruthfulness is admissible/relevant to impeach witness |
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Prior Bad Acts/Specific Acts |
NOT ADMISSIBLE TO PROVE PROPENSITY - MIMIC evidence is admissible (Motive, Intent, absence of Mistake, Identity, or Common plan) - Specific Acts --Civil: when character is essential element --Criminal: Never admissible --Cross-Exam: Can ask character witness about specific acts by person testifying about |
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Habit Evidence |
Evidence of habit or routine is admissible to prove person acted in accordance with that habit on particular occasion |
