TYPES OF EVIDENCE I. Testimonial Evidence a. testimony based on witness telling the story of what happened based on their personal evidence b. Establishment of foundation: personal knowledge of the event II. Real Evidence a. Physical evid that helps to tell the case b. must estb foundation i. presenting witness: person who knows enough abt it to testify that it is the thing proposed to be ii. chain of custody: making each person who transacted the evid accountable. 1. issue primarily with fungible goods 2. can stipulate to facts III. Demonstrative Evidence a. helps illustrate the testimony rather actual evidence that goes to prove the case b. e.g. photos, drawings HOW EVIDENCE IS ADMITTED OR EXCLUDED I. Rulings on Evidence - FRE 103 a. Requirements of appeal based on evidentiary ruling: i. 103(a) error must affect a substantial right (outcome of the trial will have been different if the evidence had not been excluded or admitted) ii. 103(a)(1) Must have protected the record - there must be evidence on the record of your objection: 1. Formal Objection: objection to the form of the questions, the way the Q is asked, not objecting that it violates some substantive rule of evidence. 2. Substantive Objection: violation of rule of evidence iii. 103(a)(2) Party trying to offer the evidence but was excluded must make an offer of proof (out of the hearing of the jury, counsel can Q the witnesses) 1. show the judge what the jury would be missing if the evid is excluded 2. estb what the evid is trying to show and why there is no problem in admitting the evid b. failure to object or make an offer of proof waives the rt to claim error in excluding the evid. II. Preliminary Questions - FRE 104 a. Judge -104(a) i. prelim questions of law that has to be decided before evid can be excluded or admitted (Q of admissibility) 1. legal std that must be applied 2. stmt fit a hearsay exception 3. character evid 4. witness qualification 5. privilege .
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Book Description Casenotes Publishing Company, 1995. Paperback. Book Condition: New. Bookseller Inventory # P11087457160X