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MBE Evidence I

Evidence-Presentation of Evidence

TermDefinition
Relevant Evidence Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.
Admissions -Statement of a party --Oral or Written Assertion/Conduct -Used against them by their opponent -Can be anything (words, letters, documents)
FRE 1002:Best Evidence Rule -To prove the contents of a writing (recording, photography, X ray) the original must be produced unless shown to be unavailable -Rule applies where contents are in issue: --i.e. Where the testimony is reliant on the writing, not on personal knowledge
Preliminary Questions of Admissibility Questions concerning qualification of a person to be a witness, existence of a privilege, or admissibility of evidence shall be determined by the court.
Burdens -Civil Action --Burden of proof on P --Burden of persuasion-preponderance of the evidence -Criminal Action --Burden of proof on Prosecution --Burden of persuasion-beyond a reasonable doubt
Habit Evidence Evidence of the habit of a person, or the routine practice of an organization is admissible to prove conduct **Corroboration is not required**
Subsequent Remedial Measures Evidence of subsequent remedial measure is inadmissible o prove negligence. *Exceptions: -Ownership -Control
Settlement Offer -Offers to settle claims in "dispute" are inadmissible *Admissions are NOT Severed (inadmissible)
Offers to Pay Meds -Offers to Pay medical expenses of another are inadmissible *Admissions ARE severed (admissible)
Created by: Gkell001