Basic evidence rules Flashcards
The judge determines what evidence the jury can ____ and ________. The judge determines the _____ of a witness and evidence. The judge determines if a witness is qualified and if any _____ apply.
weight and evaluate
admissibility
privilges apple
The jury determines the ____ and credibility assigned to the evidence.
weight and credibility
A party may challenge an evidentiary ruling as erroneous if there error affects a ____ right of a party and the party ____ the judge of the error.
substantial right
notifies the judge of the error
Adjudicative facts cannot be subject to ____ dispute.
reasonable
Judicial Notice:
A party can ask a court to judicially notice a fact _____ during the trial or on appeal. However a court may not take judicial notice against a _____ defendant for the first time on _____.
anytime during the trial;
a criminal for the first time on appeal.
Effect of judicial notice:
civil juries ____ accept the fact as true.
Criminal juries _____ or ____ not accept the fact as true.
must;
may or may not
There are no limitations on the use of _____ questions on cross examination.
leading
There are two burdens of proof: the burden of _______ and the burden of ________.
In a civil case the degree to which legally sufficient evidence must be presented is by a _______ of the evidence (except fraud claim then clear and ______ evidence)
In a criminal case, the standard is beyond a _____ doubt
burden production (prima facie case) and the burden of persuasion (standard of proof, degree to which legally sufficient evidence must be presented)
preponderance
clear and convincing (fraud)
reasonable doubt
Presumptions are the ______ that the trier must draw regarding an ______ fact.
Two types of presumptions: rebuttable and _____.
Rebuttable may be ____ if contrary evidence is presented. _______ (irrebuttable) may not be challenged.
conclusions
underlying
conclusive.
rebuttable may be overcome
conclusive may not be challenged.
Presumptions are _____ law!! (state law v federal)
Substantive
Relevant evidence must be both _____ and _____.
probative and material
Relevant evidence may be excluded if its ______ value is _______ outweighed
by the danger of unfair ______;
confusing the issues;
misleading the jury;
undue delay, waster of time;
needless presentation of cumulative evidence.
Relevant evidence may be excluded if its probative value is substantially outweighed.
Even though a judge has decided that evidence, such as a confession, is admissible, a party may nevertheless introduce other evidence that is ______ to the weight and credibility of the admitted evidence.
Even though a judge has decided that evidence, such as a confession, is admissible, a party may nevertheless introduce other evidence that is relevant to the weight and credibility of the admitted evidence.
Judicial notice is the court’s _____ of a fact as true without requiring formal _____.
Judicial notice is the court’s acceptance of a fact as true without requiring formal proof.
In most civil cases preponderance of the evidence is the standard. A fact is proven by a preponderance of the evidence if the evidence is more ______ to exist than not.
A higher standard used in some civil cases (such as fraud) is clear and _____ evidence. Under this standard, the existence of a fact must be _____ probable or _____ certain.
A fact is proven by a preponderance of the evidence if the evidence is more likely to exist than not.
A higher standard used in some civil cases (such as fraud) is clear and convincing evidence. Under this standard, the existence of a fact must be highly probable or reasonably certain.
