3) Davis Evidence Outline 2

3) Davis Evidence Outline 2 - Evidence Outline—Spring...

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Unformatted text preview: Evidence Outline—Spring 2004 Professor Onwauchi-Willig 4LawSchool.com Outlines Bank OUTLINE DETAILS: Author: Anonymous School: University of California, Davis School of Law Course: Evidence Year: Spring, 2004 Professor: Professor Onwauchi Text: Evidence, 10 th Edition Text Authors: Waltz and Park DISCLAIMER: This outline is written by a law student and it may contain some inaccurate information. 4LawSchool and its officers make no warranties as to the accuracy of the information this outline contains. This outline is provided as-is. Use it at your own risk, and do not rely on it for legal advice. Do not use this outline during exams if your law school or law professors do not permit usage of material that is prepared by others. This outline is © copyright 2004 by 4LawSchool.com. A limited license for personal academic use is permitted. This outline may not be used for any other purpose and may not be posted on any other web site without permission. 1 Evidence Outline—Spring 2004 Professor Onwauchi-Willig GENERAL OVERVIEW I. Definition A. General: Something presented to the trial court to prove or disprove a fact. It is anything that can be perceived B. CEC § 140: “Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact . II. Classification of Evidence A. Testimonial Evidence : Witness gives testimony or statements under oath as to what she observed B. Tangible Evidence : Physical evidence that can be seen at trial 1. Documentary evidence (e.g. lease, writing, audio or video tape) OR thing (e.g. rope in a murder trial) 2. Introducing Tangible Evidence a. Put witness on stand who can authenticate and lay the foundation for the tangible piece of evidence (1) “Authenticate” = Witness explains to the court that it is really what it purports to be (2) “Laying foundation” = Providing facts to make the evidence admissible b. Have the evidence marked for identification (1) This does NOT mean that the evidence will be entered into evidence. Only labeling it for the court record. c. Show item of evidence to opposing counsel d. Question the witness about the evidence e. Introduce the item into evidence [by motion] (1) Evidence is only shown to the jury after the judge’s permission III. Second Classification of Evidence A. Direct Evidence: Will prove the fact in issue if you do one thing: believe it B. Circumstantial : It will prove the fact if you: (1) believe it and (2) add some other information to it and draw some inferences MAKING THE RECORD I. Objections A. Timely —at best, after the question and before the answer 1. Will preserve the argument on appeal 2. Can object after the answer and ask the court to strike it, but the jury has already heard it 2 Evidence Outline—Spring 2004...
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3) Davis Evidence Outline 2 - Evidence Outline—Spring...

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