Evidence Mid Term information
Evidence Mid Term information POLI 3380
Popular in Evidence & Legal Reasoning
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This 5 page Study Guide was uploaded by Hannah Notetaker on Wednesday September 28, 2016. The Study Guide belongs to POLI 3380 at Auburn University taught by Dr. Clifton Perry in Fall 2016. Since its upload, it has received 6 views.
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Date Created: 09/28/16
9/27/16 Rule 103: Objection, etc. motions to strike if evidence is struck and its yours make an option of proof objections motions in limini dissgresion standard - up to the court’s dissgresion whether it is allowed or not - the judge cannot abuse this power or the evidence will be let in Rule 105: Limit limit the acceptability of evidence shows one thing but not the other Motion in Limini pretrial motion to exclude what otherwise might be admissible evidence something outweighs probative value usually a pre-trial motion Rule 201: Judicial Notice to ask the court to take as established something that is so commonplace in the jurisdiction OR something is based upon facts, the source of which could not reasonably be debated ex: a calendar date, something that does not need to be proved not require that it needs to be proven cannot be questioned does not change the burden of production can be taken at any time - you can always ask for judicial notice civil has to take into account the judicial notice but criminal juries do not Rule 301: Presumptions and burdens of proof 1332 applies here too burden of production - come forward with evidence burden of persuasion - what the party has to suﬀer to prove their position in a criminal case the defendant would have the burden of persuasion and the prosecutor would have the burden of production **permissive inference - jury may or may not accept the inference of a conclusion; in criminal cases all presumptions are permissive inference **rebuttable presumption - once you establish presumed fact, it is true unless you can rebut it; in a civil case all presumptions are rebuttable presumptions conclusive presumption - statement of law Rule 302 Rule 401: Material and Relevant relevance is that which would alter the probative value of a conclusion, meaning that it is material material means connected to the case probative means it is more or less likely based on the evidence if it is relevant then it is admissible Rule 403: Relevant and Not admit can exclude what is relevant evidence by demonstrating that its probative value is extremely outweighed by danger of prejudice or other issue Rule 404a: Character - criminal - Defendant in a civil case you can only bring up character if it is an issue - slander, negligence, etc if a criminal defended then you can bring the character in defense to say you acted in conformity with character in criminal, prosecution cannot bring up character and oﬀer it as evidence of how you likely acted - violation of due process in criminal, when defendant breaks it up, prosecution can then talk about it and can impeach the person talking about the character, or bring their own witness to testify against the old testimony can bring up speciﬁc instances can bring up something about the character of the victim and rebut the evidence that the victim had the character with other witnesses who saw there character or you can impeach it again prosecution can ONLY bring up character if defendant says the victim was the ﬁrst aggressor - only in homicide case character can only be talked about if defendant brings up character, defendant brings up victim, or if victim was ﬁrst aggressor Rule 404: 1st degree Rule 404b: I PIMP OAK circumstantial evidence by which opposing party brings up a certain weight can bring up character evidence to prove: **** intention preparation identity motive plan opportunity absence of state or accident knowledge Rule 405: Reputation and Opinion can prove character by reputation or opinion party serving as character witness must have met party about whom the character witness is about - reputation requires this opinon requires that the witness has had encounters with the person whom they are going to testify about can be impeached if... Rule 406: habits that are done so often that you can make an inference that you have done it this time Rule 407: SRM subsequent remedial measures cannot be demonstrated in court to prove liability you can if disputed bring it up to prove agency or controlled ownership or feasibility (Truer case) Rule 408: Comp claim that is disputed that is being settled anything that is oﬀered to settle have to be excluded settlement claims and what can me admitted and what cannot Rule 409: oﬀers to cover medical expenses etc. will be excluded imperial statements will not be excluded Rule 410: pleas in criminal cases that are withdrawn cannot be admitted oﬀers, acceptance, or imperial statements cannot be admitted guilty plea withdrawn can be admitted statements can be to used to prove perjury in a criminal case statements can be used if you have a guilty plea and you can bring a claim of preclusion or issues preclusion to sue you Rule 411: insurance cannot prove negligence liability insurance cannot prove liability insurance can prove ownership or control if disputed Rule 412: rape shield - cannot bring up victim’s pre behavior or pre disposition character unless to prove consent, prove defendant wasn’t the source of sperm, or to prove constitutional right to talk to victim because of her motive only brought up in civil actions if probative value substantially outweighs the danger of prejudice or if the victim opens the door can bring up 403 in a civil case Rule 413/414: Criminal use speciﬁc acts as evidence of what you’ve done when the issue is sexual abuse or child malestation in a criminal case all you have to do is put it on notice that you will do it contradicts 404a because in these two instances prosecution can bring up character evidence Rule 415: can bring acts in 413 and 414 up when a civil suit if you give notice all allows horribly prejudicial evidence to come in Rule 901: authentication - rules of illustration point out voice, photo, and penmanship photo means clear and accurate representation of the scene Rule 902: self authentication - there is a list and if inside that list you can self-authenticate Rule 1001: best evidence rule talking about the content of recording, photo, or writing - it is best to have the original when it is being disputed original means that the creator intended it to be original can make a copy an original by going through same process that the original was made the original ex. sign them all, etc. can bring in duplicate even if you haven’t made it the original cannot bring in duplicate if there is dispute on authenticity of original if disputing original you cannot bring in a copy if duplicate or original were lost or destroyed if not in bad faith then you can bring in a copy made on your own Rule 1003: originals with opponent and they won’t bring it in allows you to not have to bring it in don’t have to bring them in if not collateral or essential to the case Rule 1004:
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