Evidence

Question 1

Relevance

Evidence

Answer 1

• Admissible evidence = relevant (legally/logically)
• Relevant evidence = admissible unless excluded
• Logical relevance = any tendency to make a fact more or less probable + fact of consequence (CA: must be in dispute)
• Legal relevance = ok if not excluded on policy grounds or under FRE 403/CEC 352 (probative value substantially outweighted by dangers of unfair prejudice, confusing issues, misleading jury, undue delay, waste time, cumulative)
• Exclude, limit scope of evidence or limiting instruction to jury

Question 2

Hearsay Definition

Evidence

Answer 2

• Out of court statement offered to prove the truth of the matter asserted
• Statement = assert/communicate anything

Question 3

Hearsay Exclusion: Statements by a Party Opponent

Evidence

Answer 3

• FRE = no hearsay
• CA = exception to the rule

Question 4

Authentication of Evidence: General Rule

Evidence

Answer 4

• Before being admitted
• Must prove the item is what it says it is, unless stipulated otherwise

Question 5

Lay Witness Testimony & Opinions

Evidence

Answer 5

• Not an expert, personal knowledge only (no opinion)
• Admissible if competent to testify (oath + capacity to perceive, recall, communicate); FRE, presumed; CA, understand legal duty to tell the truth
• Lay witness opinion ok if = perception + helpful (testimony/fact at issue) + FRE no scientifical, techinical, specialized

Question 6

Hearsay Exception: Present Sense Impression

Evidence

Answer 6

• FRE = Statement describing an event while observing/immediately thereafter
• CA = contemporaneus statement: statement explain, quaify, make understandable conduct of declarant while engaging in such conduct

Question 7

Best Evidence Rule (CA: Secondary Evidence Rule)

Evidence

Answer 7

• Must provide original doc if witness testifies about contents or based on knowledge obtained solely from doc
• CA = handwritten ok; not in FRE