Chapter 2

Question 1

Direct Evidence

Answer 1

eyewitness to a fact in issue

Question 2

Circumstantial Evidence

Answer 2

everything else. For example:
D’s UNEXPLAINED FINGERPRINTS FOUND
D’S KNIFE FOUND
D EARLIER THREATENED TO KILL VICTIM
LOOT FOUND UNDER D’S BED
D HAS FIVE PRIOR CONVICTIONS WITH SAME M.O.

Question 3

Rule 401 - Test for Relevance

Answer 3

Evidence is relevant if it has ANY tendency to make a fact more or less probable than it would be without the evidence

Question 4

Rule 104(b) - Relevance that Depends on a Fact (Linkage)

Answer 4

When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later. [More related to unfair prejudice]

Question 5

Rule 403 Excluding Relevant Evidence fo Prejudice, Confusion, Waste of Time, or Other Reasons

Answer 5

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 jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Question 6

Standard for R 403

Answer 6

1. Is the evidence that incites the jury RELEVANT?
2. Does the probative value on the ISSUES being tried outweigh prejudice? (Must examine the PURPOSE of offering the evidence)

Question 7

R 106 - Half-open door rules

Answer 7

You can admit a PART of a document, but if you do, you waive any objections for any related parts offered by the adverse party. The opposing side is entitled to put it all in, even if the material was inadmissible five minutes ago.

Question 8

R 106 - Half open door rules - Does this rule extend to other documents?

Answer 8

YES as long as the other documents should be fairness be considered together with it.