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Introduction to Evidence

Introduction to Evidence. Chapter 6. How do you “prove” something?. What does proof mean? Have you ever done a mathematical proof? How much evidence is needed? Can there be “too much” evidence?. God Exists!. Love is blind God is Love Stevie Wonder is Blind So Stevie is God!!! PROOF!!!!.

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Introduction to Evidence

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  1. Introduction toEvidence Chapter 6

  2. How do you “prove” something? • What does proof mean? • Have you ever done a mathematical proof? • How much evidence is needed? • Can there be “too much” evidence?

  3. God Exists! • Love is blind • God is Love • Stevie Wonder is Blind • So Stevie is God!!! • PROOF!!!!

  4. Logic, well maybe… • Two common ways to prove or argue: • Deductive • Inductive

  5. Deductive • From the many to the few/one • From the big to the small • All men are mortal • Tom is a man • So Tom is mortal

  6. Inductive • That chair is blue • That chair is blue • That chair is blue • SO all chairs are blue!

  7. Which is Better Logic? • Which is safer, inductive or deductive? • Trick question! • The Chicken or the Egg?

  8. The Medical Exam • Let’s examine him in room #4 • ASSUME • Ass out of U and Me!

  9. Back Side of the Store • Do you carry ID? • Do you own a screwdriver?

  10. Admissible • Why not admit (allow) the use of some evidence? • Relevant • What does that mean? • Probative • As opposed to what?

  11. Prejudicial? • Promote fairness • Reliability (Real? True? Tampered?) • Cost and Time • OR… “More probative than prejudicial”

  12. Hypotheticals? • Imaginary • Hypothetical • Model • Diagram • Depiction • Drawing • Etc.

  13. Admissible?

  14. Probative?

  15. Rules of Evidence • Originally case by case… building up random rules and concepts… until 1975 • Cal. Evid. Code • Fed. R. Evid.

  16. Reliable • Authenticity • How can you know the evidence is “good”? • Self Authenticating • Judicial Notice • Witness Testimony (first hand review)

  17. Inadmissible • Not trustworthy • Waste of time or money • Too prejudicial • OR… public policy purpose? • Do we want to encourage a behavior?

  18. Encourage Good Behavior • Subsequent Remedial Measures • Offers to Compromise or Settle • Payment of Medical Expenses • Existence of Liability Insurance

  19. Types of Evidence • Tangible (physical) • Objects • Documentary • Demonstrative

  20. “Writing”? • What does that word mean?

  21. Best Evidence Rule • A copy of a copy of a copy….

  22. Testimony • Oath? • Affirmation? • Why? • Hostile Witness? Aren’t they all?

  23. Lay or Expert • Opinions? • Personal perception? • Professional opinion as consultant?

  24. Prerecorded Testimony • Dead? • Unable to Attend? • Credibility?

  25. Attacking the Witness • Criminal History • Religious Beliefs • Character • Habit

  26. Hearsay • An out-of-court statement made by someone other than the witness offered to prove the truth of its contents… • Look carefully at each part!

  27. Exceptions • Why any? • Prior inconsistent statement • Admission of party opponent • Present sense impression • Excited utterance • Then existing state-of-mind • Statements for purpose of medical treatment • Recorded recollection • Public Records • Dying declaration • Etc…

  28. Let’s Sue! • Summons • Civil Cover Sheet • Complaint • Proof of Service

  29. Who Can File? • Must be 18 • Must have made a demand • Original owner of the claim

  30. Where? • Where defendant lives • Where damage occurred • Where contract was signed • Where contract was carried out • Special cases?

  31. Who do you sue? • Exact legal name • More than one? • Minor? • Business? Corporation? • Government?

  32. Service of Process • By law officer • Process server • Certified mail • Substituted service

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