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5 Cards in this Set
- Front
- Back
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To impeach a witness, use CRIB PIC
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C- Contradiction
R - Reputation for Untruthfulness I- Prior acts of misconduct (Vicious, Immoral, Criminal) B - Bias or interest P - Prior Inconsistent Statement I - Influence of alcohol/drugs - sensory deficiencies C - Prior Criminal Convection |
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An out of court statement is a valid, non-hearsay use if it KILL-SMe
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K - used to show the declarant's knowledge
IL - statement of independent legal significance L - used to show effect on listener SM - used to show state of mind |
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Hearsay Exceptions - Unavailable Witness
FaT DD HIC doesn't need to be available PRISM = Unavailable |
FaT - Former Testimony
DD - Dying Declaration H - personal or family History I - statement against Interset C - statements offered against party that wrongfully Caused D's unavailability P - Privilege R - Refusal I - Illness or Death S - Subpoena M - no Memory of subject matter |
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Hearsay Exceptions - Availability is Immaterial, BE 6P
2 Present 2 Past Physical Public |
Business Records
Excited Utterance Present Sense Impression Present State of Mind Prior Convictions/Judgments Past Record Recollection Physical Condition Public Records LMFAD Ancient Document Learned Doctrine |
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Lay person can give opinion if based on his VISES
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V - Voice or handwriting
I- Intoxication S - Speed of Car E - Emotional State S - Sense Recognition |
