07. Evidence Flashcards
What does a jury decide?
Questions of fact
What does a judge decide?
Questions of law
What type of question is whether or not a piece of evidence gets in?
A question of law
What is the implication of admissibility being a question of law?
The judge decides whether evidence is admissible
Who decides whether there is a privilege?
The judge
Who decides whether witnesses are qualified?
The judge
T or F: The court is bound by the Federal Rules of Evidence with regard to preliminary factual decisions
False
What types of questions of fact will a judge decide?
Fact questions that go to the admissibility of evidence (i.e., preliminary questions)
When may a preliminary hearing be conducted outside the presence of the jury?
1) Confession = When the issue is the admissibility of a confession in a criminal trial
2) Defendant-Witness = When the defendant in a criminal case is a witness and makes that request
3) Justice = When the interests of justice otherwise require (e.g., unfair prejudice to a party)
Who decides the weight and credibility of evidence?
The jury
What is required to reverse evidentiary rulings on appeal?
1) A substantial right of a party has been affected (i.e., NOT harmless error); AND
2) The judge was notified of the mistake at trial and given a chance to correct it
How would a moving party notify the court of an evidentiary mistake and preserve it for appeal?
1) Objection
2) Offer of Proof
When may an appellate court reverse without preservation or notification?
To prevent a miscarriage of justice in the face of plain error, even if no objection or offer of proof was made at trial
What is plain error?
Error that was obvious on its face
When may you make an objection to evidence?
If the court has admitted evidence that should have been excluded (must also explain WHY evidence should be excluded)
When may you make an offer of proof?
If the court refuses to admit evidence that should have been admitted
What is an offer of proof?
An explanation to the court what the evidence would have been and why it should have been admitted
When is an explanation for the offer of proof not necessary?
If the substance and logic of the evidence is straightforward and clear on the surface
What is required for a prosecutor to ask about a defendant’s specific acts to impeach the defendant’s character evidence?
The question about the specific act must be asked in good faith = the prosecutor must have knowledge of the specific act, and not just ask a question based on a hunch (even if the hunch is true)
What subject of juror testimony is admissible post-trial?
1) Extraneous prejudicial information brought to the jury’s attention;
2) An outside influence improperly brought to bear on a juror; OR
3) A mistake made in entering the verdict onto the verdict form
What is required to show that a child is competent to testify at trial?
1) Intelligence
2) Ability to differentiate between truth and falsehood
3) Understanding the importance of telling the truth
4) Personal knowledge
When is evidence of a remedial measure inadmissible?
If the remedial measure was undertaken by the defendant AFTER the plaintiff’s damages.
When is evidence of a remedial measure admissible?
If the remedial measure was undertaken before the plaintiff suffered damages
What types of statements are NOT admissible against a defendant from pleas, plea discussions, and related statements
FRE 410
1) Withdrawn guilty plea
2) Nolo contendere (i.e., no contest) plea
3) Statements made during proceeding on above pleas
4) Statements made during plea discussions with prosecuting attorney