Evidence at Trial

NOVEMBER 10, 2021

A preliminary fact is “a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.” Examples of preliminary facts include the qualification of a witness, the existence of a privilege, and the admission of evidence. Merrell Dow Pharmaceuticals, Inc. ,

Burden Of Proof 52

Burden Of Proof Admissibility Evidence Witnesses 52

Evidence at Trial

NOVEMBER 27, 2021

This is the witness who says, "I just came from outside and it’s raining." If the witness is believed, the fact it is raining is conclusively true. Section 411 says that except where a statute may require additional evidence, direct evidence from just one witness may be sufficient. The witness may say, "I saw Ms.

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

Evidence at Trial

SEPTEMBER 9, 2021

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. Merrell Dow Pharmaceuticals, Inc. But since the 2000 amendment, some courts have ignored Rule 702's requirements and read into the rule a presumption of admissibility. 579, 589 (1993).

Evidence 52

Evidence Expert Testimony Admissibility Cross-Examination 52