EVIDENCE
If evidence has any tendency to make a fact more or less probable than it would be without the evidence AND the fact is of consequence in determining the action, it is this?
What is relevant?
In a civil case, can evidence of a person's character or character trait be admitted to prove that on a particular occasion the person acted in accordance with that character or trait?
What is no?
When character evidence is admissible, it may be proved by this
What is testimony about the person's reputation or by testimony in the form of an opinion?
Evidence of a person's habit or an organization's routine practice may be admitted for this
What is to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice?
Hearsay involves a person's oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion. These forms of communication are known as a this and are made by this person
What is a statement and a declarant?
This exception is a statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
What is a present sense impression?
Irrelevant evidence is this
What is inadmissible?
Can evidence of a person's crime, wrong, or other act be admitted to prove that on a particular occasion the person acted in accordance with that character?
What is no? (Think about this in relation to JW Willis cheating at MIT)
A person's character or trait may be proved by relevant specific instances of the person's conduct when
What is it is an essential element of a charge, claim, or defense? (Think of James's daredevil instincts in relation to his possible negligence.)
An out of court statement offered to prove the truth of the matter asserted in the statement is this category heading
What is hearsay?
This exception is a statement relating to a startling event or condition, made while the declarant was under the stress of excitement that caused it.
What is an excited utterance
If evidence is relevant, it still may be inadmissible if its probative value is outweighed by this
What is a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence?
Evidence of a crime, wrong, or other act may be admissible to prove this
What is motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident? (Think about Parker Gillam's statement that James had something "straight fire" planned.)
This exception is a statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will
What is then-existing mental, emotional, or physical condition?
This exception is a statement made for, and reasonably pertinent to, medical diagnosis and treatment AND describing medical history, past or present symptoms or sensations, their inception, or their general cause.
What is a statement made for medical diagnosis or treatment?