1. General Provisions Flashcards
What is the scope of the Federal Rules of Evidence?
The Federal Rules of Evidence do not apply to:
- preliminary determinations of fact by a judge
- grand jury proceedings
- probation and sentencing hearings
- obtaining a warrant
- bail proceedings
- other proceedings exempted by Congress from the Federal Rules of Evidence
This outlines the contexts in which the Federal Rules of Evidence are not applicable.
What must a party do to preserve a claim under Rule 103(a)(1)?
A party may claim an error in evidence ruling ONLY if:
- it affects a ‘substantial right’ of the party
- if admitting evidence, the party MUST timely object AND state the specific ground unless apparent from the context
What does a party need to do under Rule 103(a)(2) if evidence is excluded?
A party must inform the court of the substance of the evidence by an offer of proof, unless the substance was apparent from the context.
Is a continuing objection required after a definitive ruling by the court?
No, a party need NOT renew an objection or offer of proof after the court rules definitively.
Under what conditions can an evidentiary ruling be reversed for error under Rule 103(a)?
An evidentiary ruling may be REVERSED for error ONLY IF:
- prejudicial error exists (i.e. a substantial right is found)
- proper objection or an offer of proof is made
What occurs if the jury’s verdict would NOT have been affected by the trial court’s ruling?
Then ONLY harmless error has occurred.
When does an appellate court apply the clearly-erroneous standard of review?
An appellate court applies the clearly-erroneous standard when reviewing findings of fact made by the trial court in a bench trial.
What standard does an appellate court apply to trial court rulings on pure issues of law?
An appellate court applies the de novo standard.
When does an appellate court apply the abuse of discretion standard of review?
An appellate court applies the abuse of discretion standard when determining the trial court’s discretion in excluding evidence based on relevance and prejudice.
What is defined as plain error?
Plain error is defined as a highly prejudicial error affecting ‘substantial rights.’
This allows for reversal even if no objection was raised.
What preliminary questions must a court decide under Rule 104(a)?
The court MUST decide:
- whether a witness is qualified
- whether a privilege exists
- whether evidence is admissible
The court is not bound by evidence rules except those on privilege.
What does Rule 104(b) state about conditional admissibility?
When evidence’s relevance depends on the existence of a fact, it MUST be supported by sufficient proof.
This allows for conditional admission of evidence pending later proof.
What discretion does Rule 104(c) give to the trial judge regarding the jury?
The trial judge may excuse the jury while determining the admissibility of a preliminary fact whenever evidence may have a prejudicial impact.
Under Rule 104(d), does testifying on a preliminary issue waive the Fifth Amendment privilege?
No, it does not waive the Fifth Amendment privilege against self-incrimination for other case issues.
What does Rule 105 state about limited admissibility?
If evidence is admitted for one party or purpose but inadmissible for another, the court MUST restrict it and instruct the jury accordingly upon request.
