PowerPoint Slides (1st Set)

PowerPoint Slides (1st Set) - BURDEN OF PRODUCTION ELEMENTS...

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DATA CONCLUSION S ABOUT WORLD ELEMENTS OF CLAIM OR CHARGE VERDICT BURDEN OF PRODUCTION BURDEN OF PERSUASION
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Burdens of Proof Burden of Production Evidence sufficient to support finding (prima facie case) Burden of Persuasion Preponderance of evidence or beyond reasonable doubt
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DATA CONCLUSION S ABOUT WORLD ELEMENTS OF CLAIM OR CHARGE VERDICT BURDEN OF PRODUCTION BURDEN OF PERSUASION PRELIMINARY QUESTIONS
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Burdens of Proof Burden of Production Evidence sufficient to support finding (prima facie case) Burden of Persuasion Preponderance of evidence or beyond reasonable doubt Preliminary Questions 104(a) - Competence, privilege, hearsay, etc. Preponderance of evidence 104(b) - Conditional relevance Evidence sufficient to support finding
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Trial Overview Voir dire (jury selection) Opening statements (P D) P’s case in chief (P direct D cross) D’s case in chief (D direct P cross) P’s case in rebuttal (P direct D cross) D’s case in rebuttal (D direct P cross) Closing arguments (P D P) Charge
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In robbery trial, Prosecutor asks D’s wife, W: “What did D tell you about his actions on the night of the robbery?”
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Appeal Of Evidentiary Ruling Trial Judge’ s Ruling Specific Objectio n No Specific Objection Substanti al Right Affected Harmless Error No Plain Error/ Ruling Correct Plain Error Harmle ss Error Substant ial Right Affected Ruling Incorrect Ruling Correct REVERSED AFFIRME D REVERSED AFFIRME D AFFIRME D AFFIRME D Trial Judge’s Ruling
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W- Leave V and marry me! Love, D D speak s Englis h D can write D was alive when letter written W is marrie d to V W and D are having an affair D is in love with W D wants W to leave V and marry him D is unscrupulo us
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Relevance - Rule 401 Relevance Does this piece of evidence have “any tendency” to make more or less likely the fact that its proponent wants to prove? Materiality Is that fact “of consequence” to the determination of the action?
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W- Leave V and marry me! Love, D D wants W to marry him D want s V gone D has motive to kill V D killed V Evidenti al Fact Inferred Fact Inferred Fact Inferred Fact Consequent ial Fact
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Wit testifies that he saw D with V one hour before V’s death D was with V one hour before V’s death D had opportuni ty to kill V D killed V Evidenti al Fact Inferred Fact Inferred Fact Consequent ial Fact
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P is injured when she is thrown from an amusement park ride. In the trial of P’s personal injury claim against D, the operator of the ride, D seeks to introduce evidence that no one had been injured in 5,000 previous rides on the same ride. Is this evidence relevant?
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This note was uploaded on 02/18/2008 for the course LAW 2090 taught by Professor Alexander during the Spring '03 term at St. Johns Duplicate.

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PowerPoint Slides (1st Set) - BURDEN OF PRODUCTION ELEMENTS...

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