Evidence_ClassNotes_Mazur_Spring08

Evidence_ClassNotes_Mazur_Spring08 - Evidence – Class...

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Unformatted text preview: Evidence – Class Notes Spring 2008 MAZUR 01/08 C. 1 – EVIDENCE LAW & SYSTEM  Evidence is about articulating the obvious 1. What is the evidence? 2. If allowed to ask the question, what will you use the answer to demonstrate? 3. Must understand the nature of the claims that the evidence/testimony connects to  FRE 611 – To what extent does the P control the D’s interruption of his C-I-C 1. Can the D ask a question after cross examination of the P’s witness? 2. Voucher 3. D can call P’s witness as his own during his C-I-C 4. When there is a general rule and a more specific rule - go to the more specific rule first Most specific rule about the nature of questions that could be asked on cross examination  Problem: How did it happen? p.26 1. Think about evidence as connected to claims and defenses that the parties bring D is trying to introduce evidence of contributory negligence on part of P driving 2. Questions: 1 Evidence – Class Notes Spring 2008 MAZUR (1) relevant to establishing the relationships btw the parties • To argue bias later towards the P • Witness is not credible so should not be believed • Notes: o Problem set w/in P’s Case in Chief (C-I-C) D has opportunity to cross examine • After the P rests then the D presents its C-I-C • FRE 611(b) eliciting information that effects the credibility of a witness the D is allowed to ask such questions during P’s C-I-C (2) Two chances to ask the question: FRE 611(b) • Is it w/in the subject matter of the direct? o What was the subject matter of the direct? D – What the PW saw By asking Q(2) the D is trying to ascertain what PW saw w/in his own car o P - the D’s car running the light Thus it would be only in the scope for D to ask about running the light • Permit inquiry into additional matters o Court’s discretion • Argument: 2 Evidence – Class Notes Spring 2008 MAZUR o Question should be allowed b/c the negligence and the contributory negligence actions occur simultaneously Look at the specific factual nature of what it is that the witness will testify to OBJECTIONS  Objection 1. FRE 103 : A proper objection In order to have a reversible error must make a timely objection Why? • Avoids waste of time • Educates the court about the problem • Allows the problem to be fixed Elements: • A substantial right of the party is affected and • Objection is o Timely and o Specific 2. Problem: He didn’t object p.48 FRE 103 - has PW properly preserved the objection...
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This note was uploaded on 12/06/2010 for the course LAW Evidence taught by Professor Mazur during the Fall '09 term at University of Florida.

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Evidence_ClassNotes_Mazur_Spring08 - Evidence – Class...

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