Term
|
Definition
| Preliminary questions concerning qualification of person to be a witness, the existence of privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence. |
|
|
Term
|
Definition
| Relevancy conditioned on fact. When the relevancy of evidence depends on the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition (offer of proof). |
|
|
Term
|
Definition
| The Ooms rule. When a writing or statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought, in fairness, to be considered contemporaneously with it. |
|
|
Term
|
Definition
| Definition of Relevant Evidence. Relevant evidence is any evidence that tends to make the existence or nonexistence of a fact necessary for the resolution of the action more or less probable. |
|
|
Term
|
Definition
| Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible. |
|
|
Term
|
Definition
| Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Waste of Time. Evidence, though relevant, may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. |
|
|
Term
|
Definition
| Character Evidence Generally. Evidence of a person's character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: |
|
|
Term
|
Definition
Character of the Accused. In a criminal case:
- pertinent trait of character offered by the accused
- prosecution to rebut the same
- trait of character of the alleged victim (must also fit 404(a)(2)).
- evidence of the same trait of character of the accused, offered by the prosecution.
Defendant must notify. |
|
|
Term
|
Definition
- trait of character of victim, offered by accused
- prosecution to rebut the same
- evidence of peacefulness of alleged victim, offered by pros. to rebut evidence that victim was the first aggressor. |
|
|
Term
|
Definition
Evidence of other crimes, wrongs or acts is not admissible to prove action in conformity. Can be used, however, for proof of motive, intent, preparation, knowledge, identity, or absence of mistake or accident.
Pros. must notify. |
|
|
