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Evidence > Admissability, Appeal, and objections > Flashcards

Admissability, Appeal, and objections Flashcards

1
Q

Rule 402. General Admissibility of Evidence.

A

Evidence is admissible UNLESS there is a reasonable reason why it can’t be

(a rule)

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1
Q

With facts, you only can bring up a fact when it is…. to the case

A

relevant

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2
Q

The rules act as a ____ to the courthouse

A

filter

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3
Q

Who can appeal a judgement?

A

Anyone, except the prosecution in a criminal case

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3
Q

When evidence is let into court, it first goes to ____ then ____

A

wait, then admissibility

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3
Q

In wait, the court decides

A

if the evidence is believable

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3
Q

Who can appeal a judgement?

A

Anyone but the government in criminal cases.

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4
Q

Preliminary facts

A

facts that must be proved to make evidence admissible

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4
Q

Rule 103. Rulings on Evidence

A

Preserving a Claim of Error

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5
Q

3 requirements to appeal a courts error in appealing evidence law

A
  1. Preserve issue for appeal
  2. Persuade the appellate court that the Trial Court made an error in admitting that or excluding evidence
  3. Convince the appellate court that the error affected a substantial right of the party
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5
Q

Rule 103(a) Rulings on Evidence:
What to do if a claim is erroneously admitted into evidence

2 points

A
  1. make a timely objection to the evidence on record and
  2. state the specific ground for objections
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5
Q

the rule for not stating the specific ground for an objection if

A

the ground is apparent from context

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5
Q

“timely objection”

A
  • 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
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5
Q

When claiming that the court erroneously excluded evidence, the party must give

A

an “offer of proof” to the trial court

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6
Q

When claiming that the court erroneously excluded evidence, the party must make an offer of proof. This requirement is excluded if

A

the substance of the excluded evidence is apparent from the context

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7
Q

an offer of proof is needed when claiming that a court erroneously excluded evidence because it

A

makes a record of what the excluded evidence would have been

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8
Q

When claiming that the court erroneously excluded evidence, the party must make an offer of proof. This requirement allows what two things

A
  1. The court to fix their ruling
  2. the Appellate court to determine if the trial court actually made an error
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9
Q

An exception of the “offer of proof” is the doctrine of

A

Plain error (rule 103(e))

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10
Q

Doctrine of plain error (rule 103(e))

A

The error is so obvious that it shouldn’t be needed to alert the trial court to the problem

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11
Q

When the Appellate court reviews an error claim and reverse the matter if…

A

the error affected a substantial right of the party

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12
Q

an error that affected a substantial right of the party, typically means

A

the error substantially swayed the jury in rendering its verdict or had a material effect on the verdict

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13
Q

When deciding to object: what three things should you know?

A
  1. Objectional
  2. Why objectional
  3. The tactical reason why, strategically.
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14
Q

2 ways to object in court without having the jury hear

A
  1. sidebar
  2. remove the jury from the room through commondeering witness?
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15
Q

A error that effects a “substantial right” means it

A

effects the outcome of the trial

16
Q

What is the term for all the information you need to give the appellate court for an appeal called?

A

record of appeal

17
Q

What is included in a record of appeal

A
  1. all docs from the trial court
  2. Transcript of the trial court
  3. Important exhibits
18
Q

Difference between a objection and a motion to strike

A

objection- before the witness speaks

motion to strike- after witness speaks, tell the jury to disregard.

19
Q

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

A
  1. unfair practice
  2. confusion
  3. dely
  4. waste of time
20
Q

Rule 611 empowers the trial court to exercise control over mode and order of what 4 things

A
  1. interrogation of witnesses
  2. scope
  3. cross-examination
  4. use of leading questions
21
Q

Under Rule 403, it is only fair to say the court erred in excluding evidence if

A

the trial court “abused” its discretion (hard to prove)

22
Q

Rules including evidence is a _____ standard of admissibility

A

fixed

23
Q

Rules in application can be ____ or ____

A

fixed or flexible

24
Q

4 examples of rules excluding evidences and the

A
  1. 403: when creates unfair practice, confusion, delay, waste of time (dangers)
  2. 402: Irrelevant evidence is in admissible
  3. 804: Heresay exceptions only applies if the court declarent is unavailable to testify at trial
  4. Best Evidence Rule
25
Q

“de novo” review is also called

A

review for “error of law”

26
Q

“de novo” review is a term for

A

standard review for alleged errors

27
Q

On appeal:

What does finding an error not automatically do

A

create an reversal

28
Q

When finding an error what is required for a reversal

A

the error must be prejudicial

29
Q

Judicial Notice allows the courts to…

A

assume the evidence of facts when those facts are well known and indisposable

30
Q

Rule 103: Rulings on Evidence

How to put an objection on record

A

A) Timely objects or moves to strike
B) State specific grounds (Unless apparent)

31
Q

On appeal, if evidence was excluded, the party must give the court

A

an offer of proof,
unless the substance was apparent from context

32
Q

How to get an “Offer of proof”

A

ask to approach the bench to put on record the proof. Typically have the jurors moved out of the room first.

33
Q

What counts as the “offer of proof”

A

The evidence itself is the proof even if it is denied

34
Q

The Appellate court may want the offer of proof, in what form

A

Q and A

35
Q

When do you claim “plain error”

A

When you botched the case, YOU ALWAYS SHOULD OBJECT

36
Q

Rule 103(b): Not needing to renew on objection on offer of proof

A

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

37
Q

NC: how to preserve on record

A

You have to object
- at trial
- at the time the evidence was offered
- in front of the jury

38
Q

NC: How to get the order of proof

A
  • give the order in proof by making the objection again (against the federal rule 103: Rulings on evidence)
39
Q

Raising an error at pretrial

A

Not efficient
- need to raise it again during the trial
(need to raise it in front of the jury in NC)

40
Q

Speculation Objection

A

lack of personal knowledge

41
Q

Voir Dire the witness

A

Remove the jury to talk to the witness to find info to object, before they say it in front of the witness

42
Q

If a witness says that they precieved, understands, etc their testimony then…

A

The evidence is allowed in and the jury can determine it’s validity

43
Q

Type of objection

Reporting something someone else said

A

hearsay

44
Q

Problem?

I had a dream that I saw them kill them

A

Problem with Personal Knowledge, they is no preception of the event

45
Q

Problem?

I had a dream I shot them

A

May testify for intention

46
Q

How can evidence be both admissible and inadmissible

A

Context, evidence may be admissible for one thing and not for another.

Can offer evidence for different reasons

47
Q

Personal Knowledge

Can a doctor have notes to refresh memory

A

Yes

48
Q

Persoanl Knowledge

What does the “Oath of Affirmation” Requirement do

A

Sets the witness up for purgery

49
Q

A rule stating that something must be authenticated to be admitted, provides basis for

A

Objection when the requirement has not been satisfied

50
Q
A

Evidence (4 decks)

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