Logical Rel: For any item of evidence to be admissible, it must be relevant. Any (I) Statement Made for Med.
ade for Med. Diag./Treatment: S/m of Dec’s past or present Convictions: The use of convictions for impeachment are limited from being introduced
piece of evidence that proves or disproves any proposition is relevant to that
proposition.
Legal Rel: The court may exclude evidence under the concept of legal relevance
when the probative value is substantially outweighed by a danger of unfair
prejudice, confusing the issues, misleading the jury, or cumulatively presenting
evidence.
Evidence of Flight: The court will ask the jury to determine Δ was fleeing by
showing (1) behavior of flight, (2) flight was from consciousness of guilt, (3) guilt
was for the crime they were fleeing from, and (4) actual guilt for that crime.
Subsequent Remedial Measures: Corrective measures taken by Δ cannot be used to
show culpability/negligence after Π’s harm had occurred except to (1) prove
culpability (if disputed), (2) prove ownership (if disputed), (3) to show feasibility
of corrective measures, and (4) impeachment purposes.
Compromise Offers/Negotiations: Compromise offers and negotiations are not
admissible as long as there is a dispute to liability or amount except to (1) prove
witness bias, (2) negate a contention of delay, (3) or prove an effort to obstruct a
criminal investigation.
Offers to Pay Med Bills/Similar Expenses: Offers to pay medical bills or similar
expenses is not admissible except to show bias.
Liability Insurance: Liability insurance cannot be used to show fault, negligence, or
Δ committed an otherwise wrongful action except (1) to show witness bias or (2)
for impeachment purposes.
Hearsay: Hearsay is any out of court s/m used to try and prove the truth in the matter
asserted.
NOT Hearsay: (1) Circumstantial evidence to show the Δ’s mental state, (2) s/m’s
that show the effect on the listener, (3) legally operative s/m’s, and (4) s/m’s used
for impeachment purposes.
(M) Δ Witness Prior S/m: A Δ Witness’s prior s/m may come in if the Dec is
testifying, is being x-examined about a s/m, and (1) that s/m is inconsistent with a
prior s/m under oath → substantive + impeachment, (2) that s/m is inconsistent
with a prior s/m not under oath → impeachment, (3) that s/m is consistent with a
prior s/m and is used to rebut a charge or fabrication, and (4) that s/m is a s/m of
identification by a witness.
(M) Party Opponent: A s/m may come in if it is offered against an opposing party
in the matter and (1) is their own s/m, (2) is an adoptive s/m that the party heard,
would naturally deny, and admitted actively or by omission (no jokes), (3) is a s/m
by an authorized representative of the party, (4) is a vicarious s/m made during
someone’s employment who could alter the relationship between the 3 rd party and
principal where agent had a fiduciary duty to principle and the principal can control
the agent’s conduct, or (5) is a co-conspirator s/m made when there was a
conspiracy of which Dec was a party and that s/m was made in pendency and
furtherance of the conspiracy.
(M) Prior Identification: A s/m of prior identification may come in so long as the
DEC had an opportunity to be x-examined.
(U) Former Testimony: Former testimony is not to be excluded if the Dec had (1)
personal knowledge, (2) the Dec is unavailable, (3) was given as a Wit at a trial,
depo, etc., and (4) is being offered by a party that had an opportunity and similar
motive to explore on direct, x-, or redirect-examination.
(U) Dying Declaration: A dying Declaration is not to be excluded where the Dec (1)
thought they were dying, (2) had personal knowledge, (3) the Dec is unavailable,
(4) the s/m relates to the impending cause of death, and (5) is being introduced in
a homicide case or civil cases regarding the death.
(U) S/m’s Against Interest: A s/m by Dec against themselves is not to be excluded
if they (1) had personal knowledge, (2) the Dec is unavailable, (3) it is against their
own interest, (4) a reasonable person wouldn’t make the s/m unless it was true, and
(5) it is corroborated by trustworthy evidence.
(U) Forfeiture by Wrongdoing: Forfeiture by wrongdoing is a s/m offered against
a party that wrongfully caused the Dec’s unavailability as a witness and did so
intending that result.
(I) Present Sense Impression: A present sense impression is a s/m by Dec which
describes an event while the event is occurring or immediately thereafter.
(I) Excited Utterance: An excited utterance is a s/m that is (1) made in response to
a starting event, (2) relates to that event, and (3) is made contemporaneously to that
event.
(I) Present State of Mind: Then existing physical/emotional condition, or a s/m of
intent, plan, or scheme.
bodily/mental condition for purposes of diag./treatment is admissible, including
statements of general cause and circumstances of the injury.
(D) Past Recollection Recorded: If a Wit cannot remember something they previously
wrote, they may read it if (1) they have personal knowledge, (2) given when fresh in the
mind, (3) accurate at the time it was given, and (4) proponent offering it no longer
remembers. Proponent can read into record, but opponent can admit into evidence.
(D) Record of Reg. Business Activity: A Wit may testify on grounds of business records
when (1) the record was made by something with personal knowledge of the contents, (2)
kept it in the regular course of business activities, (3) regular practice was to make a record
of it as proven by testifying custodian, and (4) opponent does not show source/method of
recording lacks trustworthiness.
(D) Vital Statistics: A record of birth, death, marriage if reported to a public office in
accordance with a legal duty.
(D) Public Records: A record s/m of public office that (1) sets out office’s activities or is
a matter observed under a legal duty to report in civil cases, is a factual finding used in a
civil case, or is being used against the government in a criminal case, and (2) the opponent
does not show the source of info or method of record keeping lacks trustworthiness.
(D) Learned Treatises: A s/m contained in a treatise, periodical, or pamphlet may be read
into the record if (1) the statement is called to the attention of an expert on x-examination
or relied on by an expert on direct, and (2) the publication is established as a reliable
authority by the expert’s admission or testimony, by another expert’s testimony, or by
judicial notice.
(D) Residual Exception: A hearsay s/m may come in if it fits into no other exception and
(1) statement has equivalent guarantees of trustworthiness, (2) is offered as evidence of
material fact, (3) is more probative on the point for which it is offered than any other
evidence that proponent can obtain through reasonable effort, (4) admitting it will serve
the interest of justice, and (5) it is your last resort.
6th Amendment Confrontation Clause: The 6th Amend CC gives criminal Δ a right to
confront and x-examine testimonial witnesses against him. If testimonial, it is only
admissible if (1) there has been an opportunity to x-examine before, (2) the out of court
Dec is in court and subject to x-exam in this proceeding, (3) the Δ has forfeited an
objection by wrongdoing, or (4) the testimonial statement was a dying declaration.
Lay Testimony: A lay Wit is allowed to testify in the form of an opinion when (1) the
opinion is helpful to the trier of fact, (2) the Wit has personal knowledge, and (3) it is the
proper subject for a lay Wit (distance, temp, height, weight, speed, intoxication, sanity,
and writing).
Expert Testimony: An expert may testify in the form of an opinion when (1) the opinion
would be helpful to the trier of fact, (2) the opinion is based upon material which a
reasonable expert may rely, and (3) the expert is properly qualified based on education,
training, or experience. If it is a novel theory, must apply a scientifically tested method
on the facts.
Civil Character: Character is generally inadmissible in a civil case unless (1) char. is at
issue (defamation, neg. entrust., child custody), (2) Damages in loss of consortium, (3)
under MIMIC + NK, (4) Habit, or (5) sexual assault cases where evidence of Δ’s prior
acts of molest/sex ass are admissible for any relevant purpose.
Criminal Character: Character evidence is not admissible to show propensity but may
come in through:
 Open Door: Δ can put on Wits for opinion or reputation of good char. whereby Π can
respond by putting on its own op/rep Wit or x-exam Δ’s Wits w/ specific acts of
misconduct
 MIMIC + NK
 Sex Ass: Evid of Δ’s other acts of sex ass admissible for sex ass/molest cases. Vic’s
sex acts not admissible unless (1) prior acts with Δ to show consent, (2) other acts close
in time to show other person responsible, or (3) where admission of evidence necessary
to protect Δ’s CON rights.
 No Bolstering: Δ can offer evidence of Vic’s pertinent char traits through op/rep
testimony. Π can respond with Vic’s good op/rep, or Δ’s bad rep through op/rep
testimony.
 Self-Defense: If Δ says Vic was first aggressor in homicide case, Π can put on evidence
of Vic’s good character through op/rep testimony.
Impeachment: You are allowed to impeach anyone that testifies in court or any hearsay
Wit brought in to testify, or any out of court statement brought in by exception via:
 Bias/Prejudice
 Prior Bad Acts Involving Dishonesty (ask & answer, no extrinsic evidence)
 Prior Inconsistent s/m
 Opinion/Reputation Testimony
 Poor Perception/Memory
 Bad Reputation for Truth/Veracity
by the record of the conviction, or through examination/x-examination of a Wit.
 Crimes Involving Dishonesty/False Statement: 10 YR + NO 403
 Felonies w/ No Dishonesty: 10 YR + REGULAR 403
 Felonies >10 years for Criminal Δ: Advanced Notice + SPECIAL 403
1. Nature of Crime
2. Time of Conviction + Subsequent History
3. Similarity between past + current crime
4. Importance of Δ’s testimony
5. Centrality of Δ’s credibility
Authentication: If we’re trying to introduce contents of writing, photo, or video, proof
of contents requires the original unless satisfactory reason why original not obtained.
Requires that for tangible evidence or phone calls, you can provide sufficient evidence
the item is what you claim it to be. Chain of custody says it must pass through the
least amount of hands for the court to admit it.
 Live Wit w/ Knowledge: Testimony by Wit that an item is what it is claimed to
be.
 Non-Expert About Handwriting: Non-expert’s testimony that handwriting is
genuine and their opinion is not based on familiarity acquired for current litigation.
 Comparison by Expert/Trier of Fact: Comparison by Expert/Trier of Fact based
on an authenticated specimen.
 Distinctive Characteristics and the Like: The appearance, contents, substance,
internal patterns, or other distinctive characteristics of the item taken together with
all of the circumstances.
 Evid. of Telephone Convo: Evidence that call was made to number assigned at
the time to (1) a particular person, if circumstances include self-identification if
circumstances show that the person answering recognized the person who called,
or (2) if the call was placed to a particular business and reasonable business was
transacted over the phone.
 Evidence of Public Records: Require that the doc was recorded or filed in a
public office or a purported public record or the s/m is from the office where
records are kept.
 Ancient Docs/Data Compilations: For doc/data compilation, must show that the
evid (1) is in a condition that raises no suspicion about its authenticity, (2) held in
a place where authentic version would be held, and (3) is at least 20 years old when
offered.
 Photos: Photos can be authenticated by anyone that knows its contents.
 Authentication Based on Unique Components/Circumstances: Heilman’s
seating chart is unique because his name is on it, the school is on it, the students
in the class are unique to that class, etc.
Self-Authenticating Evidence: Only relevant if it’s being introduced.
 Public Sealed Docs are (1) recorded/filed in a public place authorized by law, or
(2) purported public record or s/m is from an office where such items are kept.
 Certified but Not Sealed Docs require it to (1) bear a signature of an
officer/employee of that entity named in 902(1)(A) and (2) another public officer
who has a seal/official duties within that entity certifies under seal that the signer
has the official capacity and that the signature is genuine.
 Newspaper Articles are printed material purporting to be a newspaper/periodical.
Privileges are confidential between:
 Attorney-Client
 Psychotherapist/Licensed Social Worker-Client
 Doctor-Patient
 Clergy-Penitent
 Martial Communications between spouses while married are inadmissible, but
cannot prevent spouse from testifying.
 Criminal Spousal Testimony privilege exists while the party is married at trial, but
they cannot stop their spouse from testifying against them. Spouse can be
compelled for domestic violence/child abuse cases.
 Parent-Child/Child-Parent: LOL FUCK YOU
5th Amendment Immunity:
 Use/Derivative Use: Anything derived from your statement won’t be used against
you in this trial, but an investigation can be started outside of trial if something
along transaction shows culpability.
 Transactional: Won’t prosecute for anything in transaction at all (transactions
revolving around this case only).
Judicial Notice Civil = Conclusive, Criminal = Admitted as evidence
 Facts of Common Knowledge in the Community
 Facts Capable of Verification by Reference to a Source of Unquestioned Authority