Evidence Flashcards
logical relevance
FRE: probative of a material fact at issue
CA: must have a tendency to prove or disprove a disputed fact
legal relevance
Under FRE 403, a court should exclude evidence if the pribative value is substantially outweighed by danger of the following:
- unfair prejudice
- confusion of issues
-misleading jury
- undue delay / waste of time OR
- needless presentation of cumulative evidence
CA: relevant evidence shall not be excluded in CRIM cases unless exemption applies
legal relevance
Under FRE 403, a court should exclude evidence if the pribative value is substantially outweighed by danger of the following:
- unfair prejudice
- confusion of issues
-misleading jury
- undue delay / waste of time OR
- needless presentation of cumulative evidence
CA: relevant evidence shall not be excluded in CRIM cases unless exemption applies
dying declaration
HEARSAY EXCEPTION requiring declaring be unavailable
statement about cause or circumstances of death
- made by declarant believing death is imminent
- but declarant doesn’t have to necessarily die, just be unavailable
- homicide or civil cases
CA: MUST have died. applies in all cases
present sense impression
HEARSAY EXCEPTION: unavailability immaterial
statement describing / explaining an event / condition that’s made during or immediately after the declarant perceived it
CA; contemporaneous statement offered by declarant himself to explain conduct made while they’re engaged in the conduct
excited utterance
HEARSAY EXCEPTION: unavailability immaterial
statement made about startling event / condition while declarant is under the stress of excitement that it caused
CA: spontaneous statement rule. functions the same
authentication
all tangible evidence must be authenticated. to authenticate, proponent must produce sufficient evidence to support a finding that the thing is genuine and what they claim it is
