Basic Concepts

Question 1

What is evidence?

Answer 1

Factual proof that assists the trier of fact in resolving a material issue

Question 2

What are the different types of evidence?

Answer 2

Testimony, writings, other forms of real evidence besides writings, demonstrative evidence

Question 3

How is evidence admitted during a trial?

Answer 3

1. Wait for an appropriate juncture in trial (Proponent’s case-in-chief or rebuttal case)
2. Lay the foundation (authenticity, relevance, etc.)
3. Move for admission of the evidence
4. Respond to objections
5. If the judge admits the evidence, ask permission to publish it

Question 4

Four basic considerations

Answer 4

Materiality, probative value, form, prejudice or other harmful effects

Question 5

Types of pretrial determinations Motion in limine

Answer 5

Motion in limine- seeks pretrial order on admissibility, stipulations- agree in advance of trial that certain evidence should be admissible

Question 6

When does FRE apply?

Answer 6

In federal court proceedings… however, many state have adopted similar rules