Admissability, Appeal, and objections Flashcards
Rule 402. General Admissibility of Evidence.
Evidence is admissible UNLESS there is a reasonable reason why it can’t be
(a rule)
With facts, you only can bring up a fact when it is…. to the case
relevant
The rules act as a ____ to the courthouse
filter
Who can appeal a judgement?
Anyone, except the prosecution in a criminal case
When evidence is let into court, it first goes to ____ then ____
wait, then admissibility
In wait, the court decides
if the evidence is believable
Who can appeal a judgement?
Anyone but the government in criminal cases.
Preliminary facts
facts that must be proved to make evidence admissible
Rule 103. Rulings on Evidence
Preserving a Claim of Error
3 requirements to appeal a courts error in appealing evidence law
- Preserve issue for appeal
- Persuade the appellate court that the Trial Court made an error in admitting that or excluding evidence
- Convince the appellate court that the error affected a substantial right of the party
Rule 103(a) Rulings on Evidence:
What to do if a claim is erroneously admitted into evidence
2 points
- make a timely objection to the evidence on record and
- state the specific ground for objections
the rule for not stating the specific ground for an objection if
the ground is apparent from context
“timely objection”
- stated as soon as the basis for objection is clear.
-Preferably after the question is asked and before the answer was given. - but if answer given too fast, immediately after the question
When claiming that the court erroneously excluded evidence, the party must give
an “offer of proof” to the trial court
When claiming that the court erroneously excluded evidence, the party must make an offer of proof. This requirement is excluded if
the substance of the excluded evidence is apparent from the context
an offer of proof is needed when claiming that a court erroneously excluded evidence because it
makes a record of what the excluded evidence would have been
When claiming that the court erroneously excluded evidence, the party must make an offer of proof. This requirement allows what two things
- The court to fix their ruling
- the Appellate court to determine if the trial court actually made an error
An exception of the “offer of proof” is the doctrine of
Plain error (rule 103(e))
Doctrine of plain error (rule 103(e))
The error is so obvious that it shouldn’t be needed to alert the trial court to the problem
When the Appellate court reviews an error claim and reverse the matter if…
the error affected a substantial right of the party
an error that affected a substantial right of the party, typically means
the error substantially swayed the jury in rendering its verdict or had a material effect on the verdict
When deciding to object: what three things should you know?
- Objectional
- Why objectional
- The tactical reason why, strategically.
2 ways to object in court without having the jury hear
- sidebar
- remove the jury from the room through commondeering witness?
A error that effects a “substantial right” means it
effects the outcome of the trial
What is the term for all the information you need to give the appellate court for an appeal called?
record of appeal
What is included in a record of appeal
- all docs from the trial court
- Transcript of the trial court
- Important exhibits
Difference between a objection and a motion to strike
☆
objection- before the witness speaks
motion to strike- after witness speaks, tell the jury to disregard.
Rule 403. The trial court “may” exclude evidence if the court find that the probative value of the evidence is substantively outweighed by what 4 things
☆
- unfair practice
- confusion
- dely
- waste of time
Rule 611 empowers the trial court to exercise control over mode and order of what 4 things
☆
- interrogation of witnesses
- scope
- cross-examination
- use of leading questions
Under Rule 403, it is only fair to say the court erred in excluding evidence if
the trial court “abused” its discretion (hard to prove)
Rules including evidence is a _____ standard of admissibility
fixed
Rules in application can be ____ or ____
fixed or flexible
4 examples of rules excluding evidences
☆
- 403: when creates unfair practice, confusion, delay, waste of time (dangers)
- 402: Irrelevant evidence is in admissible
- 804: Heresay exceptions only applies if the court declarent is unavailable to testify at trial
- Best Evidence Rule
“de novo” review is also called
review for “error of law”
“de novo” review is a term for
standard review for alleged errors
On appeal:
What does finding an error not automatically do
create an reversal
When finding an error what is required for a reversal
the error must be prejudicial
meaning it had real consequences on the trial
Judicial Notice allows the courts to…
assume the evidence of facts when those facts are well known and indisposable
Rule 103: Rulings on Evidence
How to put an objection on record
A) Timely objects or moves to strike
B) State specific grounds (Unless apparent)
On appeal, if evidence was excluded, the party must give the court
an offer of proof,
unless the substance was apparent from context
How to get an “Offer of proof”
ask to approach the bench to put on record the proof. Typically have the jurors moved out of the room first.
What counts as the “offer of proof”
The evidence itself is the proof even if it is denied
The Appellate court may want the offer of proof, in what form
Q and A
When do you claim “plain error”
When you botched the case, YOU ALWAYS SHOULD OBJECT
Rule 103(b): Not needing to renew on objection on offer of proof
once the court rules on the record, either before or at trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal
NC: how to preserve on record
You have to object
- at trial
- at the time the evidence was offered
- in front of the jury
NC: How to get the order of proof
- give the order in proof by making the objection again (against the federal rule 103: Rulings on evidence)
Raising an error at pretrial
Not efficient
- need to raise it again during the trial
(need to raise it in front of the jury in NC)
Speculation Objection
☆
lack of personal knowledge
Voir Dire the witness
Remove the jury to talk to the witness to find info to object, before they say it in front of the witness
If a witness says that they precieved, understands, etc their testimony then…
The evidence is allowed in and the jury can determine it’s validity
Type of objection
Reporting something someone else said
hearsay
Problem?
I had a dream that I saw them kill them
Problem with Personal Knowledge, they is no preception of the event
Problem?
I had a dream I shot them
May testify for intention
How can evidence be both admissible and inadmissible
Context, evidence may be admissible for one thing and not for another.
Can offer evidence for different reasons
Personal Knowledge
Can a doctor have notes to refresh memory
Yes
Persoanl Knowledge
What does the “Oath of Affirmation” Requirement do
Sets the witness up for purgery
A rule stating that something must be authenticated to be admitted, provides basis for
Objection when the requirement has not been satisfied
