100 Series - General Provisions and Preliminaries Flashcards

0
Q

Where FRE do not apply (6)

1101(d)

A
  1. Preliminary determinations of fact by a judge
  2. Grand Jury Proceedings
  3. Probation and sentencing hearings
  4. Obtaining a warrant
  5. Bail proceedings
  6. Summary contempt
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1
Q

Scope of FRE

A

Apply to all federal civil and criminal cases, including bankruptcy, admiralty cases and proceedings.

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2
Q

When an appellate court may reverse a lower courts ruling for the admission of evidence.

A
  1. Timely and specific objection must be made to preserve the issue
  2. If the answer has been heard a motion to strike is required.
  3. If a general objection is made and overruled, it is not preserved.
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3
Q

Prejudicial Error - defined

A

Where a substantial right of the of the aggrieved party is found that would have affected the outcome of the trial then prejudicial error has occurred.

If the jury would have reached the same conclusion and no substantial rights of the party have been affected, the error will be considered harmless.

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4
Q

Proper objection or offer of proof is sufficient to preserve the objection in the record when…

A

A timely motion is made as soon as opposing attorney reasonably knows valid grounds for an objection exists.

The motion or objection must appear in the record and

state the specific grounds for objection.

Objection made after answer has been given is made in a motion to strike.

Appellate reversal may be made if the error is obvious and causes a miscarriage of justice

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5
Q

How to handle evidence questions

A
  1. Underline COA - criminal or civil
  2. Situate the proceeding - plaintiff or defendant
  3. Determine purpose of evidence - substantive or impeachment
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6
Q

How federal rules come into being

A
  1. Advisory Committee makes recommendations

2. Congress pass laws that includes FRE

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7
Q

Where a ruling excludes evidence an offer of proof is required unless:

A

the substance of the evidence is apparent from the evidence.

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8
Q

Harmless Error

A

If the jury would have reached the same conclusion

no substantial rights of the party have been affected

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9
Q

If no objection is made

A

It will be admitted even if objectionable

Unless

Plain error rule:
When a substantial right of the party is affected. Must be obvious and egeregious.

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10
Q
Rule 104(a)
Preliminary questions of admissibility shall be determined by the court

Including:

A
  1. competency - qualifications of witnesses
  2. admissibility - hearsay exception
  3. Privileges - whether applicable
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11
Q

Standard used to determine admissability

A

Preponderance of the evidence

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12
Q

Where a judge is NOT bound by the FRE

A

When determining preliminary facts except for privileges

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13
Q

Conditional relevancy 104(b)

A

Where admissability of one item of evidence is conditioned on the relevancy of another item, the judge shall admit such evidence

Judge will admit both if she determines there is evidence to find the fact existed and let jury determine weight and credibility.
ie. other act evidence.

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14
Q

Limited Admissibility Rule

A

Evidence admissible as to one party or one purpose but
inadmissible as to another party or purpose

The court shall restrict the evidence to its proper scope upon request

Counsel must request limiting instruction

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15
Q

Rule of Completeness

A

Where a part of a writing, recording, or recorded statement is offered

Adverse party may introduce the remainder which in fairness should be considered with it.

Purpose is to avoid misleading the jury with statements taken out of context.

HOWEVER: Completeness doctrine cannot be used to circumvent other rules such as hearsay