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Definition
| Limited Admissibility - evidence admissible for one party or purpose but not for another party or purpose may be restricted through a limiting instruction (upon request). |
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| When a piece of writing or a recorded statement is offered into evidence, the opposing party may require that the rest of the writing/statement be entered/read for fairness and context. |
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| Judicial notice may be taken when a fact is not subject to reasonable dispute (b) [e.g. the sun rose in the east, cars drive on the right in America]. The judge may take judicial notice whether requested or not (c), but may take judicial notice upon request (d). |
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| Definition of 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. |
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| More Prejudicial Than Probative - relevant evidence may be excluded on the grounds of unfair prejudice. |
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| Character evidence generally not admissible to prove conduct, except as provided in rules 607, 608, and 609. |
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Term
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| Evidence of crimes/wrong acts is not admissible to prove action in conformity therewith, but may be admissible for other purposes (?). |
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| Methods of Proving Character - (a) reputation or opinion, (b) specific instances of conduct. |
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| Habit and Routine Practice - Evidence of the habit of a person or the routine practice of an organization IS admissible to prove an action was in conformity with the routine practice or habit. |
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Definition
| Lack of Personal Knowledge - witnesses cannot testify about anything they don't have personal knowledge of (no speculation). |
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Definition
| Evidence of Character and Conduct of Witnesses - The credibility of a witness may be attacked or supported by opinion or reputation, but (1) it may only refer to truthfulness or untruthfulness, and (2) truthfulness may only be bolstered after it has been attacked. |
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Term
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| Impeachment by Evidence of Conviction of a Crime - Evidence that a witness has been convicted of a crime is admissible if (1) the witness is asked about the conviction on cross, (2) the punishment for the conviction was death or imprisonment over 1 year, or else involve dishonesty or a false statement, and (3) reasonable notice must be given (assumed). |
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Term
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Definition
| Impeachment by Bias or Prejudice - Evidence that a witness is unfairly biased or prejudiced against a certain party is admissible. |
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Term
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| Opinion Testimony by Lay Witnesses - a witness not testifying as an expert may offer opinion if it is rationally based on their perception and is helpful to understanding the witness's testimony. |
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Term
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Definition
| Witnesses qualified as an expert through skills, knowledge, experience, education, and training (SKEET) may testify with technical, scientific, or specialized opinions or facts. |
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Term
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Definition
| Hearsay Definition - a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. |
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Term
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Definition
| Hearsay is not admissible except as provided by exceptions. |
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