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RULES OF EVIDENCE

RULES OF EVIDENCE. A system of rules of when, how and whether some piece of information can be used in a trial. WHY?. Consistency Reliability Fairness. DEFINITIONS. Evidence Probative Admissibility. CATEGORIES. DIRECT CIRCUMSTANTIAL. DIRECT. Establishes fact in issue directly.

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RULES OF EVIDENCE

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  1. RULES OF EVIDENCE A system of rules of when, how and whether some piece of information can be used in a trial

  2. WHY? • Consistency • Reliability • Fairness

  3. DEFINITIONS • Evidence • Probative • Admissibility

  4. CATEGORIES • DIRECT • CIRCUMSTANTIAL

  5. DIRECT • Establishes fact in issue directly • Eyewitness

  6. CIRCUMSTANTIAL • Indirectly establishes a fact in issue • Series of facts • Reasonable inference

  7. FORMS • Real • Testimonial • Demonstrative Judicial Notice Stipulations

  8. DIRECTCIRCUMSTANTIAL Real Testimonial Demonstrative Judicial Notice & Stipulations

  9. Real • Documentary • Physical • Scientific

  10. Lay non-expert personal knowledge Expert Average person unable to make reasoned judgment Frequently used in administrative cases Issues: Credibility Bias Interest Hostility Testimonial

  11. DEMONSTRATIVE • A representation or illustration intended to have a material fact • Used to aid testimonial evidence so as to give it more weight and make it more understandable

  12. Material Relevant Competent

  13. RELEVANCY • Logical relevance • Legal relevance

  14. MATERIALITY Has something substantive to do with an issue in the case

  15. COMPETENCY • The evidence does not violate an exclusionary rule • Truth seeking • External interests

  16. HEARSAY Statement made outside of the trial or hearing that is offered in evidence to prove what was said is true

  17. EYEWITNESS TESTIMONY EVENT TRIAL

  18. EYEWITNESS TESTIMONY PROCESS PERCEIVE TRIAL EVENT

  19. ABILITY TO PERCEIVE • WAS THE WITNESS IN A POSITION TO SEE OR HEAR? • WHAT COULD THE WITNESS HAVE REASONABLY SEEN OR HEARD?

  20. PROCESSING OF THE INFORMATION • Credibility • Bias • Interest • Hostility

  21. HEARSAY EVENT ADMINISTRATIVE PROCEEDING

  22. MULTIPLE HEARSAY TRIAL EVENT

  23. WHY IS HEARSAY SUSPECT? • No opportunity of cross-examine • Not under oath at the time statement as made • Not in courtroom or hearing room when the statement was made • Danger of inaccurate reporting

  24. EXCEPTIONS TO THE RULE • Former testimony • Admissions • Declarations against interest • Dying declarations • Business Records • Official Records • Past Recollection Recorded

  25. EVIDENCE IN ADMINISTRATIVE CASES • Rules of evidence do not apply, but are often followed • Hearsay is allowed but given limited weight and is usually not sufficient to support a finding on its own • Privileged communications are excluded

  26. STANDARD OF PROOF • Preponderance of Evidence • Clear and Convincing • Reasonable Doubt

  27. JUDICIAL REVIEW • Arbitrary, Capricious or Abuse of discretion • Substantial Evidence • Substituted Judgment

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