Evidence Flashcards

1
Q

Relevance

Evidence

A
  • 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
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2
Q

Hearsay Definition

Evidence

A
  • Out of court statement offered to prove the truth of the matter asserted
  • Statement = assert/communicate anything
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3
Q

Hearsay Exclusion: Statements by a Party Opponent

Evidence

A
  • FRE = no hearsay
  • CA = exception to the rule
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4
Q

Authentication of Evidence: General Rule

Evidence

A
  • Before being admitted
  • Must prove the item is what it says it is, unless stipulated otherwise
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5
Q

Lay Witness Testimony & Opinions

Evidence

A
  • 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
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6
Q

Hearsay Exception: Present Sense Impression

Evidence

A
  • 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
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7
Q

Best Evidence Rule (CA: Secondary Evidence Rule)

Evidence

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