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35 Cards in this Set
- Front
- Back
401
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Relevant evidence is anything that makes the existence or nonexistence of a crucial fact more or less likely.
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403
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Evidence which would be a waste of the court's time, would confuse the jury, or is more prejudicial than probative can be excluded.
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404(a)
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Character evidence cannot be introduced to prove conformity therewith, with exceptions.
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404(a)(1)
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Character evidence can be introduced to show a pertinent character trait of the accused, or to rebut the same
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404(a)(2)
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Character evidence can be introduced to show a pertinent character trait of the victim, or to rebut the same.
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404(a)(3)
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Character evidence exceptions concerning the character of a witness, elaborated in 607, 608, and 609.
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404(a)(4)
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Previous acts cannot be introduced to show conformity therewith; they can be used for "other purposes," including motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
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405(a)
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If character evidence is admissible, it can be provided via reputation or the opinion of a witness.
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405(b)
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In cases where character is the essential element of a charge, character evidence can be introduced through specific instances of conduct.
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406
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Evidence of habit or routine practice can be used to show conformity with said practices.
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407
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The introduction of remedial measures after a harmful event does not prove liability.
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408
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An offer to compromise on a claim does not prove liability or make the claim invalid.
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409
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Offering to pay medical bills cannot be used to prove liability for the injury.
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410
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Statements made in a withdrawn guilty plea, in a plea of nolo contendre, or during plea discussions are inadmissible.
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411
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Failure to be insured against liability is not proof of negligence.
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602
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A witness cannot testify about an event unless they have personal knowledge of it.
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607
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The credibility of a witness can be attacked by any party.
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608(a)
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The character of a witness can be attacked using opinion or reputation, but only if it goes to the witness's truthfulness or untruthfulness.
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608(b)
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A witness's truthfulness or untruthfulness can be demonstrated through specific instances of conduct, if the judge rules it probative.
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609(a)(1)
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If a witness has been convicted of a crime, the conviction can be introduced only if the crime is punishable by either death or more than a year's imprisonment.
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609(a)(2)
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Any criminal convictions relating to dishonesty or false statements are admissible.
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609(b)
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Evidence of previous criminal convictions are inadmissible if more than ten years have elapsed since either the conviction or the termination of punishment.
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609(c)
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A criminal conviction is inadmissible if the witness has been shown to be rehabilitated or was found to be innocent.
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609(d)
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Juvenile adjudications are inadmissible, unless the court finds them to be probative.
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609(e)
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Just because an appeal is pending does not make a criminal conviction inadmissible.
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610
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Religious beliefs cannot be used to bolster a witness's credibility.
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611(b)
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Cross-examination should be limited to 1) issues raised on direct 2) issues of credibility.
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612
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A witness may use any material provided by AMTA to refresh their memory before or during testimony.
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613(a)
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If an attorney is cross-examining a witness regarding a prior statement, he need not show the witness the statement in question.
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613(b)
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A witness must be given a chance to defend themselves when presented with evidence of an inconsistent statement.
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701
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A lay witness can testify to their opinion only if it is 1) based on their rational perception 2) necessary to understand their testimony 3) not based on any specialized knowledge.
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703
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An expert witness can use facts not normally admissible in order to make their conclusions; the underlying facts can only be introduced at the court's discretion.
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704(a)
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Opinions as to the ultimate issue are not necessarily inadmissible.
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704(b)
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An expert witness cannot testify as to the mental state of the defendant at the time of the alleged crime.
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705
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An expert witness can give their conclusions without testifying to the underlying facts.
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