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16 Cards in this Set

  • Front
  • Back
Not admissible - negligence or ability to pay

1) Ownership
2) Impeach
3) Admission
Subsequent remedial measures
Not admissible - negligence, culpability, or defect in product

Admissible - ownership, rebut a claim that precautions were impossible, destruction of evidence
Offers to pay medical expenses
Not admissible - culpable conduct

Admissible - all other purposes (INCLUDING admissions of fact accompaying an offer to pay medical expenses)
Examples of proper authentication
1) Admissions
2) Eyewitness testimony
3) Handwriting verification
4) Ancient documents
5) Photographs
BER: Secondary Evidence
Def: handwritten copies, notes, oral testimony

1) Foundation
- Loss or destruction of original
- Original is in possession of someone outside jurisdiciton
- In possession of adversary
BER: Functions of Court and Jury
Normally, court makes decision regarding admissibility. But jury decides:

- Whether the original ever existed
- Whether a writing, recording, or photograph produced at trial is original
- Whether the evidence offered correctly reflects the contents of the original
Dead Man's Acts
A party or person intereted in the event is incompetent to testify to a personal transaction or communication with a deceased, when such testimony is offered against the representative or successors in interest of the deceased.
Refreshed Recollection
Witness may use any writing or thing to refresh recollection.

But can't read from the writing when she testifies, and not coming into evidence
Recorded Recollection
Writing itself is read into evidence if proper foundation is laid:
1) Witness had personal knowledge of the facts in writing
2) The writing was made by the witness, or adopted by witness
3) Writing was timely made when matter was fresh in witness' mind
4) Writing is accurate
5) Witness has insufficient recollection to testify fully and accurately.
Judicial Notice
Courts take judicial notice of INDISPUTABLE FACTS that are either common knowledge or capable of verification.
Authentication - def
A writing or any secondary evidence of its content will not be received in evidence unless the writing is authenticated by proof that shows that the writing is what the proponent claims it is.
Authentication - oral statements
1. Voice - may be identified by the opinion of anyone who has thear the voice at ANY TIME

2. Telephone:
a. He recognized the other party's voice
b. The pseak had knowlege of certain facts that only a particular person would have
c. He called a particular person's number and voice answer as that person
BER - def (original document rule)
2 situations:
1. The writing is legally operative or dispositive instrument
2. The knowledge of a witness concerning a fact results from having read the document.
Expert testimony - requirements:
1. The subject matter is one of scientific, technical, or specialized knowledge
2. The witness is qualified as an expert
3. The expert posseses reasonable probability regarding his opinion
4. Proper factual basis:
- Personal Observation
- FActs made known at trial
- Facts not known personally but of a type reasonably relied upon by experts
Impeaches - 6 types
1. Prior inconsistent statements
2. Bias or interest
3. Conviction of crime (felony or dishonesty)
4. Specific acts of misconduct
5. Opinion or reputation of truthfulness
6. Sensory deficiencies
Business Records Exception
1. Business - includes most organizations
2. Entry made in regular course of business
3. Personal knowledge
4. Entry made near time of event
5. Authentication