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Maine What is Not Evidence

Category:
Federal - Jury Instructions - District Court - Criminal
State:
Maine
Control #:
ME-FEDDC-JURY-3-08
Format:
Word
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions
Maine What is Not Evidence is a legal concept used to exclude certain types of evidence from being considered in a case. It is a rule of law that states that when evidence is collected, it must be relevant to the case and meet certain criteria. Maine What is Not Evidence consists of two types: Evidence that does not meet the criteria of relevance and evidence that has not been collected in accordance with the law. Examples of Maine What is Not Evidence include hearsay, opinion, or irrelevant documents. The purpose of Maine What is Not Evidence is to ensure that only relevant and reliable evidence is used in a court of law.

Maine What is Not Evidence is a legal concept used to exclude certain types of evidence from being considered in a case. It is a rule of law that states that when evidence is collected, it must be relevant to the case and meet certain criteria. Maine What is Not Evidence consists of two types: Evidence that does not meet the criteria of relevance and evidence that has not been collected in accordance with the law. Examples of Maine What is Not Evidence include hearsay, opinion, or irrelevant documents. The purpose of Maine What is Not Evidence is to ensure that only relevant and reliable evidence is used in a court of law.

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FAQ

Evidence is relevant if: (a) It has any tendency to make a fact more or less probable than it would be without the evidence; and (b) The fact is of consequence in determining the action.

Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party.

The general rule is that all relevant evidence is admissible and irrelevant evidence is inadmissible. So, to be admissible, every item of evidence must tend to prove or disprove a fact at issue in the case. If the evidence is not related to a fact at issue in a case, it is irrelevant and is, therefore, inadmissible.

RULE 402. Irrelevant evidence is not admissible.

In reaching your verdict you may consider only the testimony and exhibits received in evidence. The following things are not evidence and you may not consider them in deciding what the facts are: 1. Questions, statements, objections, and arguments by the lawyers are not evidence. The lawyers are not witnesses.

The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) Evidence offered to prove that an alleged victim engaged in other sexual behavior; or (2) Evidence offered to prove an alleged victim's sexual predisposition.

Primary tabs. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

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More info

The rule appears to eliminate the question of whether or not unfavorable evidence must be submitted in Social Security disability cases. The following are examples only — not a complete list — of evidence that satisfies the requirement: (1) Testimony of a Witness with Knowledge.In contract disputes, parol evidence is any agreement that is not contained within the written contract. Simply because you do not have evidence that something exists does not mean that you have evidence that it doesn't exist. Absence of evidence is not evidence of an absence and science abhors a dogmatist. Gleiser is in interesting company. (This information is not a complete description of the Rules of Evidence. For complete information, the Delaware Rules of Evidence (D. Rules about evidence so that judges will make decisions based on good information, not gossip and guesswork. Rules about evidence so that judges will make decisions based on good information, not gossip and guesswork.

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