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