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22 Cards in this Set
- Front
- Back
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Relevance |
Any tendency fact of consequence or essential element more or less probable Irrelevant evidence is not admissible Relevant evidence is admissible unless otherwise prohibited |
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Prejudice |
Relevant evidence may be excluded if its probative value is substantially outweighed by a danger of unfair prejudice |
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Character Evidence |
Character or propensities not admissible to prove conduct on a particular occasion Opinions Must have reasonable basis Reputation Within the community Past Acts where character is an essential element of charge claim or defense |
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Character Evidence Exceptions |
Criminal case D offers own traits, P may rebut D offers evidence of alleged victim's trait, P may rebut or offer evidence of D's same trait Homicide P offer evidence of victim's peacefulness to rebut evidence that victim was first aggressor Specific instances of conduct may be used on cross examination |
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Other Character Evidence |
Evidence of other crimes, wrongs, or acts may be admissible for another purpose identity opportunity preparation motive plan modus operandi which is highly distinctive or unique mental state or absence of mistake |
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Habit or Routine |
Habit or routine evidence may be used to show conduct where there is a regular response to a repeated specific situation
factors sample size uniformity of response complexity of alleged habit moral weight of alleged habit |
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Sexual Assault |
Courts may admit evidence of any other sexual assault including child molestation contact without consent |
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Child molestation |
Court may admit evidence of any other child molestation under 14 without consent requirement removed |
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Rape Shield Laws |
D may not offer evidence of alleged victim's other sexual behavior or sexual predispositions Exceptions D may offer evidence to prove someone else committed the crime Victim's sexual behavior with D to prove consent or offered by prosecution Exclusion would violate D's constitutional rights to present a defense or confront a witness |
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Rape Shield Law Civil Case |
Admissible where probative value not substantially outweighed by danger of harm Reputation admissible only if victim has placed it into controversy |
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Subsequent Remedial Measures |
Measures taken which would have made previous injury less likely to occur not admissible to prove negligence, culpable conduct, defect in product or design, need for warning or instruction |
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Offers Negotiations Insurance |
Statements made during negotiations are protected if made during compromise or negotiations under threat of litigation Offers to pay medical expenses inadmissible to prove liability Evidence a person was uninsured is inadmissible to prove negligence or other wrongful acts |
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Pleas |
evidence of pleas or plea discussions are not admissible to prove guilt |
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Attorney-Client Privilege |
Confidential communications regarding legal services presumption of confidentiality through intent and reasonable belief Third parties defeat confidentiality unless agents or representatives Waived if client tells third party about privileged communication |
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Marital Privilege |
Privilege Against Adverse Spousal Testimony Spouse cannot be compelled to testify against spouse while marriage exists Privilege against marital communication confidential communication between spouses made during the marriage with intent of confidentiality and reasonable expectation of privacy Privilege does not apply in crimes against spouse, child, or joint crimes |
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Therapist-Patient Confidentiality |
Exceptions Competency hearings patient puts own mental state into controversy tarasoff duty due process right to present a defense crime-fraud exception |
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Clergy- Penitent privilege |
Privileged communication clergy member acting as spiritual advisor seeking spiritual guidance reasonable expectation of confidentiality |
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Real Evidence |
Identity Evidence is what you say it is, sufficient to support a finding Condition Has not changed in case where condition matters Generic must have distinct marking to allow for later identification |
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Foundation |
Testimony of witness with knowledge Non-expert opinion of handwriting comparison by trier or expert witness distinctive characteristics voice identification telephone conversation public records ancient documents process or system methods provided by statute or rule |
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Demonstrative evidence |
Fair and accurate representation of witness's testimony keyed to witness's testimony Witness is familiar with things represented Demonstrative helps explain witness's testimony |
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Photographic evidence |
Fair and accurate representation of real evidence that existed at the time of accident Identity of item in photograph is in fact the item claimed If condition matters, condition in photograph has not changed substantially Proved by percipient witness or silent witness |
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Record Evidence |
identity and condition Device capable of making reliable record in working order operated properly right time and place to record event |
