Basics Flashcards
What is evidence?
Factual proof that assists the trier of fact in resolving a material issue.
What are the different types of Evidence?
-Testimony
-Writings
-Other forms of real evidence
-Demonstrative evidence
What are 4 basic considerations for admissibility of evidence?
- Materiality
- Probative Value
- Form
- Prejudice or other harmful effect
What is the Materiality consideration?
Is the evidence offered for a proper purpose? is the evidence offered to prove a point that matters.
What is the Probative Value consideration?
Does the evidence help to prove the point on which it is being offered?
What is the Form consideration?
Are there any problems with the form of the evidence? E.g.: HEARSAY
most hard questions in evidence law relate to the form in which the evidence is presented
What is the Prejudice or other harmful effect consideration?
Even if the evidence meets the foregoing tests, should it be excluded anyway because it would cause prejudice, confusion, delay, etc.
What is a Motion in Limine?
Where the movant seeks a pretrial order on the admissibility of evidence.
What rule defines Relevance?
Rule 401
- Evidence is relevant if:
It has tendency to make a fact more or less probable than it would be without evidence; and
The fact is of consequence in determining the action
- Materiality
Focus on the purpose for which evidence is offered. Would the issue make a difference in the determination of the action? - Probative value
Value of the evidence in achieving the purpose for which the evidence is offered
What is the definition of Relevance under Rule 401?
- Evidence is relevant if:
a. It has tendency to make a fact more or less probable than it would be without evidence; and
b. The fact is of consequence in determining the action - Materiality
a. Focus on the purpose for which evidence is offered. Would the issue make a difference in the determination of the action? - Probative value
a. Value of the evidence in achieving the purpose for which the evidence is offered
What is Rule 401 as defined by FRE?
o Rule 401 – Test for Relevant Evidence
Evidence is relevant if:
* (a) it has any tendency to make a fact more or less probably than it would be without the evidence; and
* (b) the fact is of consequence in determining the action.
Relevant evidence is admissible unless any of the following provides otherwise:
Rule 402
Relevant evidence is admissible unless any of the following provides otherwise:
* The U.S. Constitution;
* A federal statute;
* These rules; or
* Other rules prescribed by the Supreme Court.
When may the court exclude relevant evidence?
Rule 403 – Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:
* Unfair prejudice,
* Confusing the issues,
* Misleading the jury,
* Undue delay,
* Wasting time, or
* Needlessly presenting cumulative defense.
What does Rule 403 (Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons) provide?
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:
* Unfair prejudice,
* Confusing the issues,
* Misleading the jury,
* Undue delay,
* Wasting time, or
* Needlessly presenting cumulative defense.
What does Rule 402 (General Admissibility of Relevant Evidence) provide?
Relevant evidence is admissible unless any of the following provides otherwise:
* The U.S. Constitution;
* A federal statute;
* These rules; or
* Other rules prescribed by the Supreme Court.