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Unformatted text preview: Most important cases: Crawford , p. 19, 28distinguished two types of hearsay, four categories of hearsay generally Daubert , p. 47Expert testimony doesnt need to be generally accepted. FRE codifies this Scheerer , p. 23even if you can authenticate document evidence, court can exclude under 403 I. RELEVANCY A. General Principles 1. Relevancy exists as a relation between an item of evidence and a proposition sought to be proved. 2. Three Categories of Relevancy Law: a. General relevancy rules: Probative value, materiality, general balancing on ad hoc basis i. 401-403 b. Specific relevancy rules i. 404 - 415 ii. Premised on same basis as rule 403 but address specific situations where it is handy to have a specific rule c. Third category: Dealing with specific relevancy but not IN the rules, i.e.. accidents or a rule about reconstruction experiments and demonstrations. But at the same time, there is law about thatspecific to those recurring problems 3. Steps in answering a question concerning admissibility of evidence a. Determine whether the evidence is relevant. Ask yourself: i. What is the evidence trying to show? ii. Is this an issue in the case? (Materiality) iii. Does the evidence tend to make more or less likely the issue in the case? (Probity) The answer to these questions will tell you whether the evidence is relevant. If so, proceed to the second step. 4. Determine whether there is some legal rule that excludes the evidence. Consider: a. Discretionary exclusion of evidence if it is unfairly prejudicial confusion, etc. [FRE 403] b. Rules restricting the admissibility of character evidence [FRE 404-405, 412-415] c. Extrinsic policies that justify excluding evidence (regarding subsequent repair, liability insurance, etc.) [FRE 407-411] d. The hearsay rule and all other technical exclusion rules of evidence [FRE 801-802] B. General Relevancy Rules 1. Types of evidence subject to 401, 402, 403 a. Real evidencephysical evidence with an alleged connection to the events that are the subject of the trial i. Subject to authentication ii. Foundation has to show its relevant, its identity and that its condition hasnt materially changed. b. Demonstrative/illustrative evidenceall tangible items at trial that did not have a connection to the events, but are employed to explain testimony or evidence. i. Must establish relevancy of its information or will be proven by other substantive evidence, that its accurate (has to be preponderantly accurate) and will help the trier of fact understand the ii. Personal injuries and bodily demonstrations are okay. c. Testimonial evidence d. Documentary evidence i. Subject to authentication 2. Rule 401 . Definition of Relevant Evidence ....
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.
- Summer '08
- The Bible