ITT: Evidence Forum

[Tom Joad]

If essay, everything is 403.

If MC, you are on your own.

Also, don't forget authentication.

[Stringer6]

Whether a witness has personal knowledge is a 104(a) question, right?

ETA: Nevermind, apparently it's a 104(b) question.

Really? I thought 104(b) was just for conditional relevance.

[brotherdarkness]

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[Pleasye]

I can't wait till Con Law is over so I can be all up in this thread.

[brotherdarkness]

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[Pleasye]

I can't wait till Con Law is over so I can be all up in this thread.

I'm out of this thread tomorrow afternoon and never coming back. Fuck evidence. I object to this entire class on grounds of it being irrelevant. Corporate law 4 lyfe.

I love evidence (and want litigation so it's very relevant). Please come back to answer my questions though!

[stillwater]

I can't wait till Con Law is over so I can be all up in this thread.

I'm out of this thread tomorrow afternoon and never coming back. Fuck evidence. I object to this entire class on grounds of it being irrelevant. Corporate law 4 lyfe.

I love evidence (and want litigation so it's very relevant). Please come back to answer my questions though!

love and evidence in the same sentence leaves me confused and saddened.

[A. Nony Mouse]

(I love Evidence too. One of the only things from law school I use, and I use it ALL the time.)

[stillwater]

(I love Evidence too. One of the only things from law school I use, and I use it ALL the time.)

No you don't.

[A. Nony Mouse]

(I love Evidence too. One of the only things from law school I use, and I use it ALL the time.)

No you don't.

Well, it's better than PROPERTY.

[stillwater]

(I love Evidence too. One of the only things from law school I use, and I use it ALL the time.)

No you don't.

Well, it's better than PROPERTY.

[A. Nony Mouse]

all the more property success for you.

[brotherdarkness]

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[brotherdarkness]

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[Blumpbeef]

Is there a practical difference?

[Birdnals]

Is there a practical difference?

Between 104(a) and (b)? Yeah, in B you can't use inadmissible evidence, which is a pretty big hurdle.

[brotherdarkness]

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[Birdnals]

Is there a practical difference?

Between 104(a) and (b)? Yeah, in B you can't use inadmissible evidence, which is a pretty big hurdle.

104(a) means the judge decides and the standard is preponderance of the evidence. Judge isn't bound by the rules, except privilege, in making a determination.

104(b) means the evidence goes to the jury so long as the judge thinks there's enough for a reasonable jury to find something. Judge can only use otherwise admissible evidence.

Is that right?

Sounds right, but I have been in full out employment law mode the last week so I'm not certain. I know for sure 104(a) allows everything but privilege, and even privilege can be done in camera. And I know 104(b) can only use admissible evidence. I don't remember off the top of my head the standard of proof for each, but that sounds right.

[Blumpbeef]

Whether a witness has personal knowledge is a 104(a) question, right?

ETA: Nevermind, apparently it's a 104(b) question.

Really? I thought 104(b) was just for conditional relevance.

So my supp says that whether a witness has personal knowledge is a 104(a) question with a "sufficient for a reasonable jury to conclude" standard.

That makes sense to me, and it is pretty clear in the language of the rule itself that foundational questions as to witnesses are factual questions for the judge. The jury might conclude that they lacked personal knowledge at trial, but the testimony is not inadmissable on a preponderance of the evidence standard.

Can you explain why you think it is 104(b)?

ETA: I misread it. nm.

[Blumpbeef]

So the line in 104(a) referring to "whether a witness is qualified" is only with regards to expert witnesses, right? Whether lay witnesses have personal knowledge is 104(b)? And "whether evidence is admissible" is referring to hearsay questions?

[Stringer6]

LOL I just got destroyed by my evidence exam

[brotherdarkness]

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[odoylerulez]

less than ~36 hours until my evidence final.

I started the heavy studying for it yesterday. I started off knowing nothing.

I now feel like I know even less than that.


fuck

[bjsesq]

less than ~36 hours until my evidence final.

I started the heavy studying for it yesterday. I started off knowing nothing.

I now feel like I know even less than that.


fuck

This is a good thing. When you really start knowing the shit, you realize how in depth it gets. You should feel concerned if you feel like you have evidence down pat. Not sure anybody does.

[brotherdarkness]

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