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Evidence Super Summary Outline

Law Outlines > Evidence - Bar Exam Outlines

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EVIDENCE PURPOSE Logical relevance: Tendency to make material fact [CA: in dispute] more/less probable than w/o evid Similar happenings: Adm if substantial identity of material circumstances as circumstantial evidence, incl habit and custom. Legal relevance: [adm to show agency, ownership, control, defect, impeachment] Unfair prej, confuse issues, mislead jury, waste time. Prejudicial impact: Otherwise relevant evid excluded if probative value substantially outweighed by prejudicial impact. Liability insurance, subsequent remedial & settlement offers (actual claim): Inadm to show neg/dmgs/liab, including connected statements of fact. [CA - remedial to show defective design in Strict prod liab]
Medical expenses: Offer to pay inadmissible, but connected statements of fact are admissible [CA they're not]
Guilty pleas: Offer to plead guilty, withdrawn guilty plea and plea of nolo contender inadm. Guilty plea admissible. [Prop 8 unclear]
[CA: Mediation discussions; expressions of sympathy excluded, but allow connected stmts of fault]
Character: Civil: Generally inadmissible on both sides. No rape shield. Criminal: p can't initiate; [?] can use rep/op in defense, p cross W (incl specific acts, no EE) and rebut with bad rep/op.
[?] can show bad rep/op of Victim when supports [?] innocence; p
rebut w/good rep/op. Rape: Acts for semen, consent. Sex Assault/Child Molest: Prior specific acts allowed to show propensity [CA no such exception]
[CA - DV: Pros can offer D's past DV acts; Pros first based on D offering Victim trait only if D introduced V's char for violence]
*MIMIC: Motive, Intent, absence of Mistake, Identity, Common plan/scheme. Impeachment: Re: truth/veracity. Extrinsic evid ok unless noted; none on collateral matters. No bolstering until impeached. Opinion & reputation: Witness can rebut w/ rep/op for truthfulness. Witness can be crossed re: specific acts. Convictions: Any re: dishonesty/false statement (fraud), and any felony. 10yr limit. No foundation. [CA - Moral Turpitude]
Unconvicted acts: No extrinsic evidence. Must be probative on honesty/veracity and asked in good faith. Arrest not an act. Bias/Motive/sensory defect: Foundation of inquiry. Expert W fee; W settled with opposing party, deal with PD, retarded... Inconsistent statements: Made under oath (w/oppty to explain), or admission by party-opponent. Adm substantively. Rehab: Explain on redirect; good rep/op; prior consistent statements to rebut lie or bias; no rehab inconsistent statement. PRESENTATION

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