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
2
Q
Hearsay Definition
Evidence
A
- Out of court statement offered to prove the truth of the matter asserted
- Statement = assert/communicate anything
3
Q
Hearsay Exclusion: Statements by a Party Opponent
Evidence
A
- FRE = no hearsay
- CA = exception to the rule
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
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
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
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