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C o u r t r o o m®

Game of Legal Intrigue

 

Rules of Evidence



Rules of Evidence Card 1


IRRELEVANT


Evidence is irrelevant when it has no tendency to prove or disprove the issues involved. Relevant evidence must bear a relationship to the facts to be proven.

Direct evidence is relevant. Circumstantial evidence is relevant if it has some tendency to prove a fact or consequence. Circumstantial evidence of unrelated events, if relevant, can be used if it can be shown that the circumstances under which the other events and the event at issue occurred were similar.

Exceptions where relevant evidence is disallowed: a. Gruesome or gory evidence; b. Statistical probabilities.

Relevant evidence is also inadmissible if the proposition it tends to prove is outweighed by the danger or considerations of:
  1. Unfair prejudicial impact upon the jury;
  2. Confusion of the Issues;
  3. Misleading the jury;
  4. Undue delay or waste of time.

Statements showing that a defendant took remedial measures, made an offer to compromise, or pay medical or hospital bills of another party, are not admissible to prove liability.


HEARSAY


Evidence not proceeding directly from the personal knowledge of the witness, but from knowledge of what someone else told him. "Second-hand knowledge."

Exceptions where hearsay evidence is admissible:
  1. If the statement is not being offered for its truth - for example, to show that the words were actually spoken, not whether the words spoken are true or not.
  2. A declaration against one's own self-interest.
  3. Excited Utterance - a spontaneous statement, related to a startling event or condition, made under stress of excitement.
  4. Dying Declaration - a statement made under the belief that death was imminent.
  5. Statements which directly describe or state the present or past physical, mental or emotional condition of the person making the statement.
  6. Statements for purposes of medical diagnosis or treatment.
  7. Statements of family history.
  8. Business records, reports and records of public offices and agencies, and hospital and medical records.
  9. Official written statements, such as, records of vital statistics, records of religious organizations, marriage and baptismal certificates, family records and property documents.
  10. Prior Testimony - Courtroom testimony made by an unavailable witness.
  11. Recorded Recollection - Statement made by the witness previously, and recorded, that he is presently unable to recall.
  12. Reputation in a community, or concerning personal or family history.
  13. Evidence of previous conviction of serious crimes.




Courtroom is available only via direct download from this web site.

Original suggested retail price of $49.95. Now pay only $16.95 for this educational and enlightening game! To start raising objections in your own Courtroom, go to the catalog and follow the download instuctions.

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