# How to Ace FYLSE/Evidence Outline
## Settlement Offer

Evidence of compromises or offers to compromise is inadmissible to prove liability, because public policy favors settlement of dispute without litigation.

## Payment of Medical Expenses

Evidence that a party offered to pay the injured party's medical bill is not admissible, since such payments may be prompted by humanitarian motives, but any admissions of facts admissible.

## Subsequent Remedial Measure

The evidence of remedial measures taken after the incident are not admissible for public policy reasons of encouraging remedial actions.
   Pam sued Dan's, alleging the negligence of its driver, Carl, and seeking damages for her serious personal injuries. Dan's answer admitted that Carl was its employee and was acting within his employment at the time of the accident, but denied that Carl was negligent.
   Despite a diligent search by Pam, Carl cannot be located. At trial, the following occurred:
   1. Pam called as a witness Erma, head of personnel for Dan's, who testified that Carl was fired the day after the accident, and that Carl had a distinctively raspy voice.

## Liability Insurance

Evidence that a person was insured is not admissible on the question of whether he or she was negligent, but may be admissible to prove ownership and control.

## Hearsay

Hearsay is an out-of-court statement being offered to prove the truth of the matter asserted

## Argumentative

A lawyer may not use his or her questions on direct examination to argue the facts or issues in a case.

## Witness Competency

A witness is competent to testify if the witness has personal knowledge and is capable of understanding the oath or affirmation required of all witnesses.

## Authentication

To be admissible, documentary evidence must be authenticated as being wha it purports to be.

### Voice Recording

A witness who knows the person's voice must testify that the voice on the tape is the voice of the person.

## Admission

A statement made by a party offered against the party by the opposing party that is adverse to the party's interest is adverse as non-hearsay. The statement did not have to be against the party's interest at the time it was made.

## State of Mind

The statement is not offered for the truth of the matter asserted but to show its effect on the recipient's state of mind.

## Present Intent

A statement made by a person showing an intent to do something is an exception to the hearsay rule and may be admissible to show that the declarant actually followed through with the act in question.

## Leading

A leading question is not allowed on direct examination. Leading questions are allowed, on cross-examination, preliminary matters, hostile witnesses and witnesses who are having trouble remembering.

## Speculation

A witness must base his testimony on personal knowledge and cannot speculate as to the conditions surrounding his or her answer.

## Narrative

The lawyer interrogating the witness on direct examination must ask specific questions and lead the witness through his or her testimony.

## Best Evidence Rule

This rule requires that the contents of a writing be introduced where (1) writing is of consequence in the matter; (2) a witness's knowledge comes from the writing and the witness testifies as to the actual contents of the writing.

## Business Record Exception

A written statement made in the regular course of business near the time the information was received is admissible if the declarant has personal knowledge and circumstances indicate the record is trustworthy.

## Excited Utterance

An excited utterance is a statement made under the stress of excitement of some event.

## Present Sense Impression

A present sense impression is a statement made contemporaneous with an observation or a physical condition that is so trustworthy because there is not much time for contemplation to lie.

## Declaration Against Interest

A statement made by an unavailable declarant is admissible if it is against the declarant's financial or penal interest when it was made.

## Dying Declaration

A statement made by an unavailable declarant who believes death is imminent relating to circumstances or threatened death with personal knowledge is admissible.

## Statement of Past Physical Condition

A statement or description of a past symptom, sensation or condition is admissible if made for the diagnosis or treatment of the declarant, and if pertinent to such diagnosis or treatment.

## Character Evidence

No bolstering witness. Evidence of a person's character or disposition is inadmissible proof of the conduct of that person except as otherwise provided by law. Character evidence is admissible where character is an ultimate issue in the case.

## Impeachment

Under state and federal law, prior felony convictions are admissible to impeach a witness.
   d. On cross-examination, the prosecutor asked Daniel, “Isn’t it true that the lighter found at the garage had your initials on it?” The prosecutor urged the jury to consider the improbability of Daniel’s claim that he had accidentally spilled the gasoline.

## Spousal Witness Privilege

The spouse cannot testify against the other spouse.
   4. Roe's wife voluntarily testified for the prosecution that Roe retumed home on the night in question in an agitated state with scratches on his arm.

## Expert Testimony

An expert may testify if: the matter is sufficiently beyond common experience and would assist the trier of fact. Two requirements must be met: (1) witness must qualify as an expert; (2) there must be a proper basis for his or her opinion.
   Roe testified in his defense and denied the act, saying that he had never been near Tess' house. In rebuttal, the prosecution offered one of Roe's shoes, seized in an illegal search of Roe's house. The shoe was introduced together with expert testimony that a shoe print identical to the shoe print made by Roe's shoe had been located outside the window the rapist had used to enter Tess' house.

## Judicial Notice

Judicial notice is proper where facts are capable of verification through sources of unquestioned accuracy. In a civil case, if a fact is judicially noticed and the judge so instructs the jury that fact is conclusively established.