Download - Introduction to Evidence
Introduction toEvidence
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!!!!
Logic, well maybe…
• Two common ways to prove or argue:– Deductive – Inductive
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
Inductive
• That chair is blue
• That chair is blue
• That chair is blue
• SO all chairs are blue!
Which is Better Logic?
• Which is safer, inductive or deductive?– Trick question!
• The Chicken or the Egg?
The Medical Exam
• Let’s examine him in room #4
– ASSUME
• Ass out of U and Me!
Back Side of the Store
• Do you carry ID?
• Do you own a screwdriver?
Admissible
• Why not admit (allow) the use of some evidence?
• Relevant– What does that mean?
• Probative– As opposed to what?
Prejudicial?
• Promote fairness
• Reliability (Real? True? Tampered?)
• Cost and Time
• OR… “More probative than prejudicial”
Hypotheticals?
• Imaginary
• Hypothetical
• Model
• Diagram
• Depiction
• Drawing
• Etc.
Admissible?
Probative?
Rules of Evidence
• Originally case by case… building up random rules and concepts… until 1975
– Cal. Evid. Code – Fed. R. Evid.
Reliable
• Authenticity– How can you know the evidence is “good”?
• Self Authenticating• Judicial Notice• Witness Testimony (first hand review)
Inadmissible
• Not trustworthy
• Waste of time or money
• Too prejudicial
• OR… public policy purpose?• Do we want to encourage a behavior?
Encourage Good Behavior
• Subsequent Remedial Measures
• Offers to Compromise or Settle
• Payment of Medical Expenses
• Existence of Liability Insurance
Types of Evidence
• Tangible (physical)– Objects– Documentary– Demonstrative
“Writing”?
• What does that word mean?
Best Evidence Rule
• A copy of a copy of a copy….
Testimony
• Oath?
• Affirmation?• Why?
• Hostile Witness? Aren’t they all?
Lay or Expert
• Opinions?– Personal perception?– Professional opinion as consultant?
Prerecorded Testimony
• Dead?
• Unable to Attend?
• Credibility?
Attacking the Witness
• Criminal History
• Religious Beliefs
• Character
• Habit
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!
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…
Let’s Sue!
• Summons
• Civil Cover Sheet
• Complaint
• Proof of Service
Who Can File?
• Must be 18
• Must have made a demand
• Original owner of the claim
Where?
• Where defendant lives
• Where damage occurred
• Where contract was signed
• Where contract was carried out
• Special cases?
Who do you sue?
• Exact legal name
• More than one?
• Minor?
• Business? Corporation?
• Government?
Service of Process
• By law officer
• Process server
• Certified mail
• Substituted service