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Men thought it was manly to have fleas and lice and didn't discourage them. St. Francis of Assisi used to refer to body parasites as "pearls of poverty," and the more parasites you had the holier you were.

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PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

(Be careful, this differs slightly from my 92 codebook)

Relevance
352 relevance statute
353 Effect of erroneous admission of evidence
354 Effect of erroneous exclusion of evidence
355 Limiting instruction to jury re: scope
356 If some comes in, all must come in

Preliminary Determinations re: evidence
400 Preliminary Fact (defined)
403 Determination of foundation/prelim facts

Weight of Evidence
410 Direct Evidence (defined)
411 One witness sufficient to establish fact
412 Weaker evidence viewed with mistrust
413 Failure to explain/deny evidence

Judicial Notice
451 Matters which must be Noticed
452 Matters which may be Noticed
453 Compulsory JN upon request
454 Info that may be used in JN request
457 Instruction to Jury re: JN as true fact

Burden of Proof & Presumptions:
500 Who has burden of proof
521 Burden: Duty of care in Civil case
622 Facts in written instrument conclusive
641 letter sent presumed recieved
645.1 Newsprs/periodicals presumed authtic
646 Res Ipsa Loquitur
664 Offical duty regularly performed
665 Ordinary consequences of voluntary act
669 Negligence Per Se (rebuttable)
669.1 Standards of conduct for Public emplyee
670 Payments by Check, presumptions

Witnesses
700 witness presumed to be competent
701 Disqualification of witness, when
702 Personal knowledge of witness required
720 Qualification of Expert Witness
721 XC of Expert Witness
722 Compensation of Expert Witness
800 Opinion testimony of Lay Witness
801 Opinion testimony of Expert Witness
802 Basis of Expert opinion
805 Opinion on Ultimate Issue

Method & Scope of Examination
764 Leading Questions (suggest answers)
766 Non-responsive answers stricken
767 When leading questions permissable
768 No need to show writings to witness befor
769 No need to disclose evd. of inconsist stmt
770 Extrinsic evd. of Inconsistant Statement
771 Writing used to refresh memory
776 Examination of adverse party/witness

Credibility/Character of Witnesses
780 Matters that may be considered
786 Character Evidence generally
787 Specific Instances of conduct
788 Prior Felony conviction
790 When Bolstering allowed
791 Prior Consistant Statement
1101 Evidence of Character to prove conduct
1104 Character trait for care or skill
1105 Habit Evidence

Exclusions for Policy Reasons
1151 Subsequent remedial conduct
1152 Offer to Compromise
1152.5 Mediation
1154 Offer to discount a claim
1155 Evidence of Liability Insurance

Hearsay Rule
1200 Hearsay defined
1201 Multiple Hearsay
1202 Attack Credibility of Hearsay Stmt Source w/other Hearsay Stmt
1203 XC of hearsay Declarant

Hearsay Exceptions

Confessions & Admissions
1220 Admission of Party/Opponent
1221 Adoptive Admission
1222 Authorized Admission
1223 Admission of Co-conspirator
1224 Stmts re: liab or breach of duty
1226 Stmt of Minor child in parents action
1227 Stmt of declarant for his wrongful death
1230 Declarations against interest

Prior Statements of Witnesses
1235 Prior Inconsistant Stmt of Witness
1236 Prior Consistant Statement
1237 Past Recollection Recorded
1238 Prior Identification

Spontanious/Contemporaneous Stmts
1240 Spontanious Statement
1241 Contemporaneous Statement
1242 Dying Declaration Statements of Mental or Physical state
1250 Then existing mental/physical state
1251 Previously existing mental/physical
1252 Limitation-trustworthyness

Business Records
1271 Biz record exception
1272 Absence of Biz record- presumption

Official Records and Writings
1280 Record by Public Employee
1284 Absence of Public Record

Former Testimony
1290 Former Testimony defined
1291 Against party in former proceeding.
1292 Against non-party to former proceeding

Judgements
1300 Conviction of Felony
1301 Judgement against person entitled to indemnity
1302 Judgement determining liab of 3rd person

Statements Re: Reputation
1324 Reputation concerning Character Admiss

Commercial/Scientific Publications
1340 Comm. lists and the like (phonebook)
1341 Facts of General Noteriety (maps)

Authentication of Writings
1400 Authentification defined
1401 Auth. required before 2ndry Ev. recieved
1402 Altered Writings- must explain first
1413 Subscribing witness may authenticate
1414 Authentication by Admission/reliance
1415 Authentication by handwriting evidence
1416 Person familiar with handwriting
1417 Jury may compare handwriting to Auth
1418 Xpert to compare handwriting
1420 "Reply Doctrine" to Authenticate
1421 "Content method" of authentication
1562 Simplifed method to auth biz records

Best Evidence Rule
1500 Defined
1500.5 Computer Records
1501 Copy lost or destroyed
1502 Copy of unavailable writing Admiss
1503 Copy of writing under control of Oppont
1504 Copy of Collateral writings OK
1505 2ndary Ev. of writings when Orig. gone
1506 Copy of writing in Public Custody
1507 Attested copy of Public writing OK
1509 Volumous Writings
1510 Duplicates-- Admissibility
1551 Videotapes and tape recordings

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