Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
14 Cards in this Set
- Front
- Back
|
Evidence is relevant if it helps an issue in dispute
|
Evidence is relevant if it helps an issue in dispute
|
|
|
All relevant evidence is admissible unless a specific rule keeps it out
|
All relevant evidence is admissible unless a specific rule keeps it out
|
|
|
Relevant evidence may be excluded if a trial judge finds it is too prejudicial (PWC)
|
Relevant evidence may be excluded if a trial judge finds it is too prejudicial (PWC)
|
|
|
Evidence of Insurance inadmissible to show negligence, but may be admissible to show ownership or bias.
|
Evidence of Insurance inadmissible to show negligence, but may be admissible to show ownership or bias.
|
|
|
SRMs (subsequent remedial measures) are not admissible if offered but may be admissible to prove ownership or a feasible safer condition.
|
SRMs (subsequent remedial measures) are not admissible if offered but may be admissible to prove ownership or a feasible safer condition.
|
|
|
Settlement offers and factual statements during settlement negotiations are inadmissible
|
Settlement offers and factual statements during settlement negotiations are inadmissible
|
|
|
A D’s pleas of guilty later withdrawn and/or a D’s plea of nolo contender are not admissible in any subsequent criminal or civil case
|
A D’s pleas of guilty later withdrawn and/or a D’s plea of nolo contender are not admissible in any subsequent criminal or civil case
|
|
|
Prosecution cannot present evidence of bad character to show D acted in conformity with his bad character and committed crim charged until D presents evidence of his good character.
|
Prosecution cannot present evidence of bad character to show D acted in conformity with his bad character and committed crim charged until D presents evidence of his good character.
|
|
|
D c an always present relevant good character evidence through reputation or opinion testimony to help show he probably did not commit crime charged
|
D c an always present relevant good character evidence through reputation or opinion testimony to help show he probably did not commit crime charged
|
|
|
When prosecutor can show bas character (after D raises issue), she can use reputation or opinion evidence and can cross examine D’s character witnesses with “have you hear” questions
|
When prosecutor can show bas character (after D raises issue), she can use reputation or opinion evidence and can cross examine D’s character witnesses with “have you hear” questions
|
|
|
Prior crimes are always inadmissible evidence if offered to show D probably acted the same way again BUT it may be admissible for another purpose (MIMIC) if Prosecutor can get over FRE 405
|
Prior crimes are always inadmissible evidence if offered to show D probably acted the same way again BUT it may be admissible for another purpose (MIMIC) if Prosecutor can get over FRE 405
|
|
|
In civil cases, character evidence is usually not admissible because it is usually being offered to show a party acted in a similar way during the event that gave rise to the litigation
|
In civil cases, character evidence is usually not admissible because it is usually being offered to show a party acted in a similar way during the event that gave rise to the litigation
|
|
|
Prior similar occurrences are inadmissible to show the party probably acted the same way again
|
Prior similar occurrences are inadmissible to show the party probably acted the same way again
|
|
|
Prior torts are inadmissible to show D probably acted the same way again, but may be admitted to establish a D.I.C.K. proposition
|
Prior torts are inadmissible to show D probably acted the same way again, but may be admitted to establish a D.I.C.K. proposition
|
