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47 Cards in this Set
- Front
- Back
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104 |
Relevance
a. BOP b. Conditional |
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401 |
Test for relevance material; and probative |
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403 |
Relevance v. Prejudice |
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404 |
Character Evidence |
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102 |
Purpose of rules Fairness speed and expense promote evidence law find truth and justice |
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606 |
When can a juror testify |
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402 |
Relevant evidence is generally admissible unless things like Constitution say other wise |
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404 |
character evidence |
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413 |
Sex crimes character |
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414 |
Child molester character |
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415 |
sex crimes and Chimos in civil cases |
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405 |
ways you can prove character |
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406 |
Habit and routine practice |
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607 |
Anyone can impeach witness |
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608 |
what you can impeach a witness about |
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609 |
Impeachment with criminal convictions |
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601 |
Compentency - most people are |
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602 |
Need personal knowledge to testify |
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603 |
Must take an oath promising truth before |
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610 |
Cant use religious beliefs to attack credibility |
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801 |
Hearsay - with definition and non-hearsay uses |
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801a |
statement is a persons assertion can be written, verbal, or non-verbal |
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801b |
declarant person making the statement |
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801c |
“Hearsay” means a statement that: (1) thedeclarant makes out of court; and (2) offered in evidence to prove the truth of the matter asserted. |
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802 |
Hearsay is not admissable unless it falls into an exception |
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803 |
hearsay exceptions |
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613 |
Inconsistent statements by witnesses offered to impeach them |
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804 |
hearsay exceptions when declarant is unavialable |
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807 |
Residual exceptions |
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805 |
hearsay within hearsay |
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6th amendment |
Confrontation clause Compulsory process |
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701 |
lay opinions |
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702 |
Expert opinions |
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704 |
Opinion on ultimate issue = lay and experts can give opinions, but experts cannot make legal conclusions |
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703 |
bases of expert expert can testify on stuff that is would not normally come into evidence cuz we letexperts base opinions on stuff Still need toovercome 403 balancing test for facts that aren’t admissible |
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705 |
Disclosing facts or data underlying an expert must mee the standard of reliablity and relevance |
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407 |
Things done to correct a problem aren't admissiable to prove: negligence; culpable conduct; adefect in a product or its design; or a needfor a warning or instruction.
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408 |
Compromises or offers are not admissible |
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409 |
Offers to pay medical bills are not admissible |
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411 |
Existance of liablity insurance is not admissible |
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410 |
Pleas are not admissible |
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901 |
authenticating and identifying evidence |
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902 |
evidence that is self authenticating |
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1000 |
Best evidence rules are in here |
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501 |
Priviledges in general |
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Proposed R504 |
Therapist/patient privilege |
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502 |
Lawyer client privilege |
