Term
| Relevance: 5 Things that make it not relevant |
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Definition
All evidence is admissible if relevant and not privileged. Except if the evidence:
1. danger to unfair prejudice
2. Confusion of the isues
3. Misleading the jury
4. Undue Delay
5. Waste of time unduly cumulative |
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Term
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Definition
Frequency of the conduct
Particularity of the conduct
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Term
| Chracter Evidence: 3 Purposes |
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Definition
1. Essential element in the case <-- admissible
2. Prove conformity with conduct <-- inadmissible
3. Impeach <-- admissible |
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Term
| Allowable Character Evidence |
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Definition
1. Reputation or opinion of witness
2. Defendant must open the door
3. Prosecution can rebut but LIMITED to opinion/reputation or conivtions only for specific |
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Term
| Character evidence in civil cases: limited to 3 |
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Definition
1. Tort- negligent hiring/entrustment
2. defamation
3. Child custody dispute (fitness) |
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Term
| Other Bad Acts Evidence: MIMIC |
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Definition
1. Motive
2. Intent
3. Mistake/Accident
4. Identity
5. Common scheme/plan |
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Term
| Proving MIMIC crimes: Method and Standard |
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Definition
1. By conviction or witness
2. Must be by Clear & convincing evidence |
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Term
| Expert Witnesses: Qualificaitons (3) |
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Definition
1. Education/Experience
2. Proper Subject Matter: Scientific, technical, or specialized
3. Basis of Opinion:
a. personal knowledge (treating doctor)
b. Other evidence in trial record or hypothetical
c. Facts outside record typically relied on by others in their field |
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Term
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Definition
1. Testing and Principles of Methodology
2. Rate of error
3. Acceptance by others in same field
4. peer review & publication
MARYLAND: GENERAL ACCEPTANCE in scientific community |
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Term
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Definition
Opinion testimony can address ultimate issues of the case but all other requirements for opinion testimony must appply
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Term
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Definition
1. Prior inconsistent statemetn
2. Bias, personal interest, motive
3. Sensory deficiencies
4. Bad reputation or opinion for witness's truthfulness character
5. Bad acts (w/o conviciton) that reflect badly on truthfulness of witness
6. Contradiction |
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Term
| Procedure to Impeach Witness: 2 ways |
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Definition
1. Ask witness about it and try to get them to admit it
2. Prove it with extrinsic evidence
3. BAD ACTS CANNOT BE PROVED WITH EXTRINSIC EVIDENCE |
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Term
| Hearsay Exceptions: 12 + avaiability |
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Definition
1. Forfeiture by wrongdoing (unavailable)
2. Former testimony (unavailable)
3. Statement against interest (unavailable)
4. Dying declaration (unavailable)
5. Excited Uttterance (available)
6. Present Sense impression (available)
7. Present State of mind (available)
8. Declaration of intent (available)
9. Present physical condition (available)
10. Statement for purposes of medical treatment (available)
11. Business records
12. Public Records |
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Term
| Right to Confrontation (Criminal): Prosecution Can't use hearsay statement |
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Definition
Right to Confrontation in criminal case if:
1. Testimonial (Grand Jury, affidavit, interrogation)
2. Declarant Unavailable
3. Defendant has had no opporunity to cross examine |
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