Law Outlines Oklahoma Bar Bundle Outlines
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Oklahoma Bar Bundle Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Evidence
RELEVANCE
Basic Principal
Evidence is RELEVANT if it has ANY TENDENCY to make a fact of consequence more probable or less probable than it would be without the evidence
All IRRELEVANT evidence is INADMISSIBLE
All relevant evidence is ADIMISSIBLE, UNLESS
Some specific EXCLUSION applies, or
Court makes discretionary determination that the PROBATIVE VALUE SUBSTANTIALLY OUTWEIGHED BY:
Danger of UNFAIR prejudice
Confusion of the issues
Misleading the jury
Undue delay
Waste of Time ( NOT OKLAHOMA)
Unduly cumulative
Unfair & Harmful Surprise (ONLY OKLAHOMA)
OK: Homicide prosecution, "appropriate photo" of victim while alive admissible by DA to show general appearance & condition of victim while alive
Prior Similar Occurrences
In general, if evidence concerns some Time, Event, or Person other than that involved in the case at hand, the evidence is INADMISSIBLE
Exception: some recurring situations have concrete rules that may permit admissibility
Plaintiff's accident history usually inadmissible
But is admissible if the cause of Plaintiff's damages is at issue
Similar Accidents Caused by Same Event or Condition (defendant's accidents) usually inadmissible
But other accidents involving same instrumentality or condition, and occurring under substantially similar circumstances, may be admitted for:
Existence of dangerous condition
Causation
Prior Notice to D
Intent in Issue
Comparable Sales on Issue of Value
Habit
Habit= a repetitive response to a particular set of circumstances
Habit of a person (or routine of a business organization) is Admissible as circumstantial evidence of how the person (or business) acted on the occasion at issue
Key words: always, invariably, automatically, instinctively
Industrial Custom as Standard of Care
How others in same trade or industry have acted in recent past may be admitted as some evidence as to how a party in this litigation Should have acted
Evidence of the APPROPRIATE STANDARD OF CARE
Policy Based Exlusions
Relevant but not admissible
Liability Insurance
Inadmissible to Prove Fault or Absence of Fault
Admissible as Proof of Ownership/Control of Instrumentality or Location, IF CONTROVERTED, or
For Purpose of Impeachment
Bias
Subsequent Remedial Measures
Inadmissible to show negligence, culpable conduct, need for warning
BUT admissible to show proof of ownership/control , or feasibility of safer condition IF CONTROVERTED
Settlements
Civil:
Evidence of a Settlement or OFFER to Settle a DISPUTED CLAIM is INADMISSIBLE to PROVE liability or weakness of case
Also, STATEMENTS OF FACT made in court of settlement discussions INADMISSIBLE
BUT, evidence of settlement ADMISSIBLE for purpose of IMPEACHMENT for BIAS
Claim must be disputed at time of statement as to validity or amount of damages
Criminal
Inadmissible:
Offer to plead guilty
Cant be used vs. defendant in pending criminal case or subsequent civil litigation based on same fact
Withdrawn guilty plea
Cant be used vs. defendant in pending criminal case or subsequent civil based on same facts
Plea of no contest or nolo contendere
Cant be used vs. defendant in subsequent civil lit based on same facts
Statements of fact
Made during any above plea discussions
BUT, plea of GUILTY (not withdrawn) is ADMISSIBLE in subsequent litigation based on the same facts under the rule of Party Admissions.
Offer to Pay Hospital of Medical Expenses
Inadmissible to prove liability
But statements of fact made in conjunction w/ the offer to pay bills is admissible
No need to talk to be charitable
CHARACTER EVIDENCE
Potential Purposes for Admissibility of Character Evidence:
Person's character is a MATRIAL element in the Case (Rare)
Character Evidence to Prove Conduct in Conformity With Character at the time of the litigated event, a/k/a character as circumstantial evidence of conduct on a particular occasion
Propensity Evidence
Witness's bad character for truthfulness to IMPEACH CREDIBILITY
Propensity to lie or tell truth on witness stand
Criminal Cases
Defendant's Character
Generally
Evidence of defendant's character to prove conduct in conformity is NOT ADMISSIBLE DURING PROSECUTION"S CASE-IN-CHIEF
BUT, DEFENDANT, during defense, MAY INTRODUCE EVIDENCE OF A RELEVANT CHARACTER TRAIT (by reputation or opinion witness) to prove conduct in conformity, thereby OPENING THE DOOR TO REBUTTAL by prosecution
Prosecutions Rebuttal
IF defendant has "opened the door" by calling character witnesses, the prosecution may rebut:
By cross-examining the defendants' character witness w/ "Have your Heard" or "Did you know" questions about specific acts of the defendant that reflect adversely on the particular character trait that defendant has introduced
Must have good basis for question
If witness says no, cant use extrinsic evidence to prove it
Impeaches the character witness' knowledge
AND/OR
Calling own reputation or opinion witnesses to contradict defendant's witness
Victims Character- Self Defense Case
Criminal defendant may introduce evidence of victim's violent character to prove victim's conduct in conformity, ie. , as circumstantial evidence that victim first aggressor
Proper Method:
Character may testify to victim's reputation for violence and may give opinion
Prosecution Rebuttal:
Evidence of victim's good character (reputation/opinion) (OK ONLY THIS)
Under FRE: prosecution can prove defendant violent character, but not in OK
Victim's Character- Sexual Misconduct Case
Under Fed "rape shield law', in both criminal & civil cases, where defendant alleged to have engaged in sexual misconduct, the following evidence about victim normally inadmissible
...
Buy the full version of these notes or essay plans and more in our Oklahoma Bar Bundle Outlines.
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
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