Term
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Definition
1) Tendency to make a fact more or less probable (probative)
2) The fact is of consequence (material) |
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Term
| When relevant evidence excluded |
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Definition
| Probative value substantially outweighed by danger of unfair prejudice, confusing issue, misleading jury, delay, cumulative evidence (403) |
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Term
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Definition
| Court to determine if jury could find by preponderance of the evidence (Huddleston) |
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Term
| Best evidence rule (Secondary evidence in CA) |
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Definition
| Original document or reliable duplicate be produced to prove contents of writing, recording, photograph, e-docs, x-rays, and videos |
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Term
| Elements for adjudicative facts subject to judicial notice |
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Definition
1) Not subject to reasonable dispute
2) Generally known in jurisdiction or accurately and readily determinable |
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Term
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Definition
"relevant evidence shall not be excluded in any criminal proceeding"
(subject to exclusions and UP >> PV) |
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Term
| Test for novel significant evidence (California only) |
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Definition
| Frye test - whether theory has been generally accept as valid and reliable |
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