Term
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Definition
| Sufficient proof needed. Under Huddleston, can jury can reasonably conclude that act occurred? |
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Term
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Definition
| Cross examiner need only have good faith belief in other act |
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Term
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Definition
| Relevant evidence admissible and irrelevant evidence inadmissible |
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Term
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Definition
| Probativeness and materiality. |
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Term
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Definition
| Subsequent remedial measures not admissible. CEC does not apply to strict liability. |
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Term
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Definition
| Settlement offers not admissible. Looming litigation required at least. CEC does not apply to criminal settlement. |
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Term
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Definition
| Offers of medical aid even by others not admissible. No CEC parallel. |
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Term
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Definition
| Please with prosecutor inadmissible against D. CEC bars even if not prosecutor. |
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Term
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Definition
| Liability insurance info inadmissible |
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Term
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Definition
Whether - 801
Exceptions (PAPP) - 801(d)
Exception regardless (MEPP) - 803
Declarant unavailable (FDD) - 804 |
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Term
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Definition
801
Human declarant
Not testifying at this trial
Verbal acts not enough
Not offered for truth |
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Term
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Definition
801(d)
prior statements of ID
admission (vicarious, adoptive, co-conspirator)
prior inconsistent statement under oath if for truth
prior consistent statement before motive to lie arose |
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Term
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Definition
Regardless of availability
Medical diagnosis if pertinent
excited utterance
present sense impression
present state of mind/physical |
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Term
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Definition
804(b) Declarant unavailable
Former testimony under oath and subject to cross by party with similar motive and opportunity
dying declaration
decaration against interest (penal/pecuniary) |
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Term
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Definition
| Under 404(a), character evidence not admissible unless route around the box or 'mercy, sex, habit' |
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Term
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Definition
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Term
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Definition
Motive
Intent
Mistake
Identity MO
Trenkler; sufficiently idio; prosaic comm; calling card
Common Plan
Constituent part of overarching plan |
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Term
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Definition
Narrative Integrity DeGeorge
Opportunity (crime buddies)
Doctrine of chances Rex v Smith
Absence of accident |
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Term
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Definition
404(a)(2)
D can prove his own petinent trait
D can prove V's pert trait
V can show own to rebut |
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Term
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Definition
Mercy - 404(a)(2)
Sex - 413-415
Habit - 406 |
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Term
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Definition
Only by reputation or opinion. "Shadow cast on neighborhood is only admissible evidence". Michelson. Specific instances on cross.
CEC allows specific instances on direct and cross. |
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Term
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Definition
413-415
Prior sexual assaults admissible |
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Term
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Definition
406
Hallmark of habit:
Regularity
Specificity
Reflexive |
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Term
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Definition
607
Any party including one who called may attack credibility |
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Term
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Definition
608
Reputation or Opinion
609
Past criminal conviction
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Term
| Criminal conviction in impeachment |
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Definition
609
If punishable > 1 yr and < 10 yrs ago, admit.
If W is D, then PV > PE
For any conviction requiring dishonesty or false statement, admit.
CA: Any crimes involving moral turpitude "readiness to do evil" |
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Term
| Specialized evidence rules |
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Definition
407-411
Ringo Swiftly Mocked the Pirouetting Industrialist
Remedial
Settlement
Medical aid
Plea
Insurance
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Term
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Definition
802
Hearsay not admissible |
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