Admissibility of Evidence

Question 1

What are the 4 Bases for admissibility?

Answer 1

1. Materiality – is it offered for a proper purpose?
2. Probative value – does it help to prove a point?
3. Form – does it clear formalistic hurdles like hearsay, authenticity, best evidence rule?
4. Prejudice or Harmful effect – should evidence be excluded because admission would cause prejudice?

Question 2

What are two pre-trial strategies related to the admissibility of evidence?

Answer 2

1. Motions in limine – pretrial order to admit or exclude evidence
2. Stipulations – parties agree certain evidence should be admissible

Question 3

What are the different types of Evidence?

Answer 3

1. Testimony - direct and cross
   Direct – must be non-leading so can’t push them towards a specific response
   Cross – leading is okay because idea comes through in question. Sometimes cross is limited to scope of direct
2. Writings – must be introduced
3. Demonstrative – diagrams, photos, things that are computer created; testimony validates
4. Real – tangible things; testimony validates

Question 4

What are the different types of formal objections to evidence?

Answer 4

1. Asked and answered
2. Assumes facts not in evidence
3. Argumentative
4. Compound
5. Misleading
6. Speculation
7. Calls for narrative response
8. Nonresponsive to question

Question 5

What does Rule 402 say about Relevance?

Answer 5

1. Relevant evidence will be admitted
2. Irrelevant evidence wont be admitted

Question 6

What are the rules for Relevance under 401?

Answer 6

The evidence must:
*Must be offered for a proper purpose.
*Must have probative value

Rule 403 Balancing Test: if probative value is substantially outweighed by prejudice, then Evidence is excluded

Question 7

What is the Balancing test for Relevance under Rule 403?

Answer 7

Evidence will be excluded if probative value is substantially outweighed by danger of —prejudice, delay, confusion, misleading jury, etc.

ex: if probative value is substantially outweighed by prejudice, then Evidence is excluded

Question 8

What are the three types of objections to keep evidence out?

Answer 8

1. Substantive Objection - trying to keep evidence out altogether
2. Formal Objection - focuses on the manner of questioning
3. General Objection - incompetent, irrelevant, immaterial - saying its unfair.

Question 9

How is Evidence admitted?

Answer 9

1. Needs to be an appropriate juncture
2. Must lay foundation
3. Move for admission
4. Check with other side (has likely seen all evidence already)
5. If admitted, need to publish to jury