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[DOC File]EVIDENCE
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Evidence law has changed in recent years. Erstwhile hearsay evidence is now admissible such as everyday business records and business notes. R v Vetrovec . 1982 SCC established that old categories requiring corroborative evidence were outdated, judicial discretion to warn jury if witness is sketch. R v Khan. stripped away rigidity of hearsay rules. Took principled approach to develop the ...
legal rules of evidence

[DOC File]Evidence checklist - NYU Law
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What is the substantive law? motive, intent, notice, knowledge, damages (statement – my legs were hurting) ... more probative on the issue than other reasonably available evidence. the general purpose of the rules and the interests of justice will be served. sufficient notice of intent to use. Good ex – Dallas County – old newspaper case about 50 yr old lightning strike . Won’t be used ...
types of evidence in law

[DOC File]LWB366 – LAW OF COMMERCIAL ENTITIES
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Also under s 79, the rules of evidence that apply in State Courts exercising federal jurisdiction are those of the State court itself, not those found in the Evidence Act 1995 (Cth). miscellaneous legislation eg., Criminal Code (Qld), Uniform Civil Procedure Rules (Qld), Family Law …
evidence laws in each state

[DOC File]QUEENSLAND EVIDENCE ACT
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Consider whether the evidence is caught by any exclusionary rules, eg the Rule against Hearsay. Is it within an exception or an inclusionary doctrine? common law, eg res gestae, admissions. statute. ELEMENT 1: Is the Evidence Relevant? If NO, then the evidence will be inadmissible straight away. If YES, then go to Element 2. TEST: The most accepted test of relevancy is the question, does the ...
evidence case law

[DOC File]Evidence Class Notes - HLS Orgs
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Schauer: Not everything the law of evidence excludes that a ∆ believes might help her case implicate 5th and 6th Amend. questions. Schauer: Polygraph evidence is probably more reliable than current rules about its admissibility would suggest . Even if polygraph tests have only 80-90% accuracy, that is probably better than the accuracy of a typical juror trying to distinguish lying from truth ...
federal rules of evidence flowchart

[DOC File]Problems, Cases & Materials on Evidence, 2nd Ed. - Law ...
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EVIDENCE. INTRODUCTION. Rules. FRE 101: Scope. Applies only to federal courts (including Bankruptcy) Not states & agencies. But state rules generally parallel fed rules. FRE 1101(d): Rules inapplicable . Does not apply to: Preliminary questions of fact (FRE 104) Grand juries. Miscellaneous proceedings. Extradition. Preliminary examinations in criminal cases. Sentencing or probation. …
law of evidence pdf

[DOC File]Evidence Outline - NYU Law
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also need rules b/c adversarial system, parties have control over the evidence. evidence formalistic so predictable, lawyers know what they can get in. FRE codifies some common law, but also advance in small ways . Cross-examination as a core diviner of truth, thus concerned about ensuring that evidence is . testable (and therefore hearsay exceptions, and live evidence) Basic issues of every ...
federal rules of evidence 103

[DOC File]EVIDENCE (LAW 543)- FINAL EXAM
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This is an open-book exam and will test both Hawaii and Federal Rules of Evidence using Multiple Choice, True/False/Differs and essay questions. Answer the objective questions on the special test form with a #2 pencil. Because there is no penalty for wrong answers to the objective questions, when in doubt, guess! Write the essay answers in bluebooks, and please use every other line. True/False ...
what is rules of evidence

[DOC File]Law Outline - Evidence Under the Rules: Text, Cases, and ...
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Logical Relevance: at common law evidence is relevant. if it tends to establish the point for which it is offered, and . material. if it bears on the issues in the case. Old Chief v. United States (I) (1997): Δ offered to stipulate to a prior conviction to keep the facts of the incident out of court; Pros. refused and Δ was convicted; appeal on grounds that details of prior offense were ...
legal rules of evidence

Evidence Outline - Lewis & Clark Law School
irrelevant evidence is inadmissible, but relevant evid. Is admissible with exceptions. Law is tilted toward admission. FRE 401- relevancy is relationship btw item and matter properly provable in case. relevance means evid. Having any tendency to make the existence of any fact that is of consequence to the determination of the action more ...
types of evidence in law

Rules of evidence law