Evidence Essay Outline
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8 major Areas of Evidence
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1. Relevance 2. Legal Relevance 3. Character Evidence 4. Documentary Evidence 5. Hearsay 6. HEarsay Exceptions 7. Privileges 8. Policy Exclusion
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Logical Relevance
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Evidence is relevant if it tends to prove or disprove a fact in consequence
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2 Main Areas for Legal Relevance
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1. Extrinsic social policy Exclusion 2. Prejudice v. Probative Value
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2 Main Areas for Testimony
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1. Character Evidence 2. Opinion
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2 Basic Reasons to Use Character Evidence
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1. Impeachment 2. Substantive Character Evidence
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5 Impeachment Techniques
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1. Prior INconsistent Statements 2. Bias 3. Prior Conviction of Crime 4. Bad Acts 5. Bad Rep for Trust
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2 Major Areas for Substantive Character Evidence
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1. Criminal 2. Civil
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2 Major Areas for Opinon Evidence
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1. Lay 2. Expert
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3 Requirements for Expert Testimony
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1. Subject Matter Assist trier of fact 2. BAsed on matter upon whihc expert might reasonably rely on 3. Is expert qualified
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2 Major Areas for Documentary Evidence
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1. Authentication 2. Best Evidence Rule
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6 Ways to Authenticate a Document
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1. Handwriting verification 2. Eyewitness testimony 3. Admission by party 4. Ancient Document 5. Photographs 6. Sefl Authentication
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2 Things to Remember for Best Evidencce
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1. Produce original 2. Exceptions
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4 Majro Exceptions for Best Evidence Rule
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1. Fact exists independently 2. Collateral Writing 3. Sumarries of voluminous docs 4. Public Records
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4 Things to Remember About Hearsay
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1. Out of Court statement 2. Offer for the truth of the matter asserted 3. Out of court doc 4. Exceptions
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3 Major Areas of Hearsay Exceptions
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1. Documentary Exceptions 2. Exceptions which do not require the declarant to be unavailible 3. Exceptions which requirement the declarant to be unavailible 4. Catch all exception
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Policy Exclusions
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1. Subsequent remedial measures 2. Liability insurance 3. Settlement offers and withdrawn guilty pleas 4. Offers to pay medical expenses
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How to Determine Whether to Admit Evidence
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1. Determine if Relevant 2. If Not Relevant Determine if it falls into an exception ONCE ADMITTED 3. Determine if a) can be discretionary excluded or b) excluded for public policy reasons
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Things you Can Use to Impeach a Witness on Cross Examination
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1. Prior INconsistent Statements 2. Bias or INterest 3. Conviction of a Crime 4. Specific Acts of Misconduct 5. Opinion or Reputation 6. Sensory Deficiencies
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Improper Question for a Witness
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1. Misleading 2. Compound 3. Argumentative 4. Conclusory 5. Cumulative 6. Harassing 7. Calls for a narrative 8. Assumes facts not in evidence
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Document Hearsay Exceptions
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1. Past Recollection Recorded 2. Business Records 3. Official Records 4. Ancient Documents 5. Learn treatises
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Exceptions that Do not Requirement the Declarant to be Unavailable
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1. Excited Utterance 2. Present Sense Impress 3. State of Mind 4. Bodily Conditions
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Exceptions which requirement the declarant to be Unavailable
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1. Declaration against interest 2. Dying Declaration 3. Former testimony
