Evidence

Front 1

Insurance

Back 1

Not admissible - negligence or ability to pay

Admissible:
1) Ownership
2) Impeach
3) Admission

Front 2

Subsequent remedial measures

Back 2

Not admissible - negligence, culpability, or defect in product

Admissible - ownership, rebut a claim that precautions were impossible, destruction of evidence

Front 3

Offers to pay medical expenses

Back 3

Not admissible - culpable conduct

Admissible - all other purposes (INCLUDING admissions of fact accompaying an offer to pay medical expenses)

Front 4

Examples of proper authentication

Back 4

1) Admissions
2) Eyewitness testimony
3) Handwriting verification
4) Ancient documents
5) Photographs

Front 5

BER: Secondary Evidence

Back 5

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

Front 6

BER: Functions of Court and Jury

Back 6

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

Front 7

Dead Man's Acts

Back 7

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.

Front 8

Refreshed Recollection

Back 8

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

Front 9

Recorded Recollection

Back 9

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.

Front 10

Judicial Notice

Back 10

Courts take judicial notice of INDISPUTABLE FACTS that are either common knowledge or capable of verification.

Front 11

Authentication - def

Back 11

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.

Front 12

Authentication - oral statements

Back 12

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

Front 13

BER - def (original document rule)

Back 13

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.

Front 14

Expert testimony - requirements:

Back 14

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

Front 15

Impeaches - 6 types

Back 15

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

Front 16

Business Records Exception

Back 16

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