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Evidence

  1. 3 R's to be admissible
    • 1. Relevant - 401-415
    • 2. Reliable - 801-807
    • 3. Right - 601-615, 701-705, 901-902,1001-1004
  2. What Rules deal with General Relevance
    FRE 401-403
  3. Rule 401
    Relevant evidence -"evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”
  4. 402
    All relevant evidence is admissible, unless prescribed by constitution, statutes, or rules. Evidence that is not relevant is not admissible.
  5. 403
    • 403 – Exclusion of Relevant Evidence – balancing test Is probative value “substantially outweighed” by
    • 1.Consideration of judicial economy
    • 2.“danger of unfair prejudice” (unduly inflammatory)
    • 3. issues raised outweights Rule 403
  6. Special Relevance - what rules and 5 areas of focus
    • Rules: 404-415
    • 1. Character traits
    • 2. Other Acts
    • 3. Habit
    • 4. Policy exclusions
    • 5. Privileges
  7. Rules for Character Traits
    404, 405, 803(21)
  8. Essential element rule
    Charater traits - 405(b) 

    Is character an essential element of a claim or defense in a civil or criminal case?
  9. 3 forms that Character trait  testimony can be given?
    • 1. Reputation
    • 2. Personal Opinion
    • 3. Specific acts
  10. Character traits for criminal cases only
    405(a)
  11. Who can raise a 405(a) character trait issue in a criminal case
    Only the D. Once raised then P can rebut, but can only point to D character not one else's (exceptions Homicide/ self-defense cases, can then bring up victims peacefulness ect. )
  12. Other Act's, crimes, wrongs
    404(b) (biggest source of reversal)
  13. When can a 404(b) - others acts, crimes, wrongs be introduced
    Both civil and criminal, as circumstantial proof of motive, opportunity, intent, knowledge, identity, plan, and other specific purposes.
  14. Habit and Routine Practice
    406
  15. Sexual Assaults
    412-415
  16. Victim Rule "rape shield"
    412
  17. General Rule 412 -Rape Shield
    Sexual history of the victim is generally irrelevant. 

    • Exceptions
    • - Defense that someone else did it
    • -Defense of consensual sex - history with D only
  18. Defendant Sex Rules 413-415
    Generally - D previous sexual assault or child molestation admissible for any relevant purpose in sexual assault or child molestation.
  19. Policy exclusions rules and topics
    • 407-411
    • -Remedial measures
    • -insurance
    • -settlements
  20. What rule covers Subsequent Remedial Measures
    Rule 407
  21. When does rule 407 allow subsequent remedial measures?
    When used to prove ownership or control. Can not be used to prove negligence, strict liability, warnings
  22. Compromise and offers of compermise (civil, and Criminal)
    • Civil -408
    • Criminal - 410
  23. General rule for compromises and offers of compermise
    • Not admissible unless (in civil)to show bias/interest to show a 3rd party who is now a witness settled with D. 
    • (in Criminal) only statements made to prosecutor are barred, not to policy. Can also be used for bias/interest by 3rd party.
  24. Payment of Medical Expense
    Rule 409
  25. Insurance Rule
    Rule 411
  26. Privileges
    Rules 501,502 and AZ Statutes
  27. Spousal Priivilege
    • Rule 501 (deleted 505)
    • ARZ 12-2231, 2232, 13-4062
  28. Attorney Client
    • Rule 501,502, (deleted 505)
    • ARZ 12-2234, 13-4062
  29. Doctor Patient
    • 501 (deleted 504),
    • ARS 12-2235, 13-4062
  30. Hearsay and non-hearsay rules
    Rule 801(a)-(c)
  31. Hearsay is?
    Statement, Made out of court, offered to prove truth of matter asserted in statement
  32. Statement in hearsay is?
    Assertion - oral, written , assertive contuct
  33. Made out of court in hearsay is?
    W in court is repeating the out of court statement
  34. Admission of Party Rule
    801(d)(2)
  35. Prior Statements by witnesses
    Rule 801(d)(1)
  36. Statements against interest
    804(b)(3)
  37. Two requirements under FRE for Statements against interest
    • 1. Declarant must be unavailable under 804(a)
    • 2. The statement must be against declarants interests
  38. Former Testimony
    FRE 804 (b) (3)
  39. Difference in Former Testimony rule between FRE and Arizona
    FRE requires that the witness be unavailable, Arizona does not. "free use rule".
  40. Present Sense Impressions and Excited Utterances
    FRE 803 (1),(2)
  41. Two requriements for Present sense impression
    • 1. Must be made during or immediately after the event
    • 2. The statement must describe or explain the event
  42. Excited Utterances two requirements
    • 1. The statement must be made under the stress of excitement
    • 2. the statement must relate to a startling event.
  43. Statements of Conditions for Diagnosis and Treatment
    Rule 803(4)
  44. Present Mental and Physical condition
    Rule 803(3)
  45. Dying Declarations
    Rule 804(b)(2)
  46. Business Records
    FRE 803 (6),(7), 902(11), 805, 106
  47. Public Records -
    FRE 803(8), (10) , 902
  48. Competency
    601-606, ARS 12-2201, 2202, 2251, 13-4061
  49. Direct Exam
    602,611,612,614
  50. Impeachment
    607-610, 613 801(d)(1), 806
  51. Rehabilitation of impeached witness
    701,702-706
  52. Lay and expert witness opionions
    701,602,702-706
  53. Exhibits
    901-903, 1001-1008
  54. Judicual notice and presumptions
    FRE 201,301,302
  55. Objection Procedure
    FRE 103, 104, 105
Author
popeanthony
ID
325052
Card Set
Evidence
Description
Mauet
Updated

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