1) General Provisions

Question 1

substantive use: def

Answer 1

offered for its truth

Question 2

limited use: def

Answer 2

offered for some purpose other than its truth

Question 3

intrinsic evidence: def

Answer 3

questioning from the mouth of the wit on the stand

Question 4

extrinsic evidence: def

Answer 4

impeachment evidence other than wit’s mouth (writing, certified copy of conviction, bringing in another wit)

Question 5

approach – consider for all qs

Answer 5

1) (if hearsay): purpose of st
2) relevance
3) authenticity
4) competence
5) admission: what rule allows
6) exclusions: confrontation clause + 403

Question 6

FRE vs CL

Answer 6

FRE more liberal

*presumption of admissibility

Question 7

role of judge vs jury

Answer 7

judge: determines admissibility of evidence
jury: assigns weight that evidence should be iven

Question 8

FRE: scope: courts

Answer 8

governs all fed court proceedings

exeption: mil courts

Question 9

FRE: scope: proceedings

Answer 9

does NOT apply to some prelim proceedings (head):
1) preliminary questisons of fact re admissibility
2) GJ
3) prelim hg
4) getting warrant
5) bail proceedings
and some post-proceedings
6) sentencing/probation hg
7) summary contempt

Question 10

R. 103: how to preserve issue for appeal

Answer 10

1) must make timely + specific objection

inc mxn strike if answer already heard

Question 11

R. 103: offers of proof

Answer 11

if ruling excludes evidence, offer of proof required, unless:
substance of evidence apparent from context
–make outside presence of jury

Question 12

R. 103: to appeal, error must not be

Answer 12

harmless

Question 13

harmless error: def

Answer 13

jury would have reached same verdict if error dn occur (no substantial rights affected)

Question 14

R. 103: how to preserve issue for appeal: exception

Answer 14

can reverse from admitting evidence where no objection if PLAIN ERROR

Question 15

plain error: def

Answer 15

affects a substantial right of a party – serious mistake that affects the verdict

Question 16

R. 104(a): preliminary facts: determined by

Answer 16

judge, outside jury’s presence

Question 17

R. 104(a): preliminary facts: standard of proof

Answer 17

preponderance

Question 18

R. 104(a): preliminary matters :FRE applies?

Answer 18

no!

Question 19

104(a) prelim qs: exs

Answer 19

1) competency (of wits: age, exper, etc)
2) admissibility
3) privilege

Question 20

104(b): conditional relevance: def

Answer 20

admissibility of 1 item of evidence is conditioned upon existence of another item (car rim found – but was it from your car?)

Question 21

104(b) conditional relevance; rule

Answer 21

judge must determine if enough evidence to find the nec fact existed

JUDGE makes this threshhold determination

Question 22

105: limited admissibility; def + rule

Answer 22

if evidence admitted as to one party or for one person,b ut is inadmissible re another aprty / purpose, then court shall:
–restrict evidence to its proper scope + instruct jury accordingly

counsel must request limiting instruction

Question 23

105: limited admissibility: 5A

Answer 23

ok D testify on preliminary matter w/o waiving 5A re other issues

Question 24

106: Completeness Doctrine: rule

Answer 24

1) if party introduces part
2) of a writing
3) adverse party may immediately introduce any other writing / part that in fairness ought to be considered in conjunction w it
4) BUT NOT a way to get otherwise inadmissible evidence in!!

Question 25

106: completeness doctrine:CL difference

Answer 25

applied to conversations too

Question 26

judicial notice: def

Answer 26

substitute for proof – court accepts ertain “adjudiative facts” as true w/o requiring formal presentaiton of evidence
(fact is proved, even w no evidence presented)

Question 27

judicial notice: exs

Answer 27

science
hx
gvt + court records
geography
calendars

Question 28

judicial notice: kinds

Answer 28

1) commonly known facts

2) capable of accurate + ready determination, by resort to sources of unquestionable accuracy

Question 29

judicial notice: commonly known facts: def

Answer 29

not subject to reasonable dispute bc generally known w/in the j. of the court

Question 30

judicial notice: NOT ok to take of

Answer 30

1) opinions

2) something w/in JUDGE’s personal knowledg,e but not falling into one of the cateogries

Question 31

fre 201: when give judicial notice

Answer 31

j. notice is MANDATORY if requested by a party, ad supported w necessary info

Question 32

judicial notice; when

Answer 32

pretrial
at trial
ok raise for first time on appeal

Question 33

judicial notice: result

Answer 33

1) generally can’t present contrary evidence on that issue
AND
2) civil: jury must accept as true
3) criminal: jury MAy accept as true, but not req’d to

Question 34

burden of production: def

Answer 34

a question of WHO had burden of producing evidence/going fwd

Question 35

burden of production: rule

Answer 35

Plaintiff/Prosecution

Question 36

burden of persuasion: def

Answer 36

q of how much: degree to which evidence must be proven

Question 37

burden of persuasion: kinds

Answer 37

1) preponderance of evidence
2) cler + convincing
3) BRD

Question 38

BoPers: crim

Answer 38

BRD

Question 39

BoPers: civil

Answer 39

preponderance

Question 40

BoPers: criminally related civil (fraud)

Answer 40

C+C

Question 41

BoPers: validity of will or deed

Answer 41

C+C

Question 42

BoPers: crim case mxn suppress

Answer 42

preponderance

Question 43

BoPers: crim case: was confession voluntary?

Answer 43

preponderance

Question 44

BoPers: insanity as AD in fed case

Answer 44

C+C

Question 45

ways to shift burden of production

Answer 45

1) affirmative defenses

2) presumption

Question 46

presumption: def

Answer 46

presumption arises where one set of facts (basic), once established by proponent, give rise to another set of facts (presumed), absent a contrary showing

Question 47

presumption: rebutting

Answer 47

usu rebuttable (minority rule: a few irrebutable)

once opponent presents sufficient evidence that the presumed fact is not true, presumption disappears + bubble bursts

Question 48

presumptions: crim cases

Answer 48

rare + disfavored (bc result would be JML – violates DP)