Evidence
by Steven Johnson
1. Writings
1.1. Requirement of original
1.2. Summaries
1.3. Completeness Rule
2. Hearsay
2.1. Definition
2.1.1. Out of court statement by a third party to prove the truth of the matter asserted.
2.2. Present Sense Impressions
2.3. Excited Uterances
2.4. Statement of Mental, Emotional, or Physical Condition
2.5. Statements for Medical Diagnosis
2.6. Past Recollection Recorded
2.7. Business Record
2.8. Public Records
2.9. Learned Treatises
2.10. Statements Against Interest
2.11. Other Exceptions
3. Presumptions
3.1. Conclusive or Irrebutable presumption
4. Mode + Order
5. Statements of Date of Birth and Identity of Relative is admissible.
5.1. Burden of Persusion must be met on who has the burden. Civil Trials- preponderance of evidence. Criminal- Reasonable doubt.
6. Personal Knowledge- Have to know firsthand. Foundation
7. Introduction
8. Probative Value vs. Prejudicial Effect
8.1. Judge Determines this
9. Presentation
9.1. Mode and Order
9.1.1. Attack the credibility of a witness.
9.2. Impeachment
9.2.1. Prior inconsistent statements
9.2.1.1. Challenge credibility
9.3. Rules Apply
9.4. Proceedings where rules apply
9.5. Form of questions
9.5.1. Leading questions
9.5.1.1. Not allowed on direct. Only on cross.
9.5.2. Examiner can refresh recollection as long as opposing counsel can examine it.
9.6. Refreshing Recollection
9.7. Objections
9.7.1. Timely to preserve appeal
9.8. Judicial Notice
9.8.1. Legislative facts
9.8.2. Adjudicative facts
9.8.3. Notice of law, State and Federal
9.9. Conviction of a crime
9.9.1. Not admissible unless to impeach credibility
9.9.2. Convictions less than 10 years admissible involving dishonesty or false statements
9.9.3. Other convictions involving a felony can be older than 10 years.