Evidence

Question 1

What is the CEC for evidence?

Answer 1

CEC 140: Evidence: “testimony, writings, material objects, or
other things presented to the senses that are
offered to prove the existence or non-existence of
a fact.

Question 2

Where do the FRE apply?

Answer 2

FRE 101: proceedings in U.S. courts. FRE 1101: USDC, b/k, courts of appeal, civil cases, criminal cases, proceedings.

Question 3

Where do the FRE not apply?

Answer 3

Grand jury, extradition, arrest warrants, s/w, preliminary examinations, sentencing, probation, bail, preliminary hearings. Note: the principles are usually still followed.

Question 4

How should the FRE be interpreted?

Answer 4

FRE 102: These rules should be construed so as to
administer every proceeding fairly, eliminate
unjustifiable expense and delay, and promote the
development of evidence law, to the end of
ascertaining the truth and securing a just
determination.

Question 5

What are the seven types of evidence?

Answer 5

1. Oral Testimony: fact (eyewitness), expert,
   character
2. “Real” evidence – murder weapon, drugs, car
   seat – authenticated
3. Documents: written, electronic (leases,
   contracts, emails, business records, letters,
   diaries)
4. Demonstrative: Maps, diagrams, summary
   charts, day in the life, re-enactment, computer
   simulation
   * 5. Stipulations
   * 6. Judicial Notice
   * 7. Photographs and videos

Question 6

What is the basic evidence approach?

Answer 6

1. Jdx: Federal or Ca? (code: FRE/CEC)
2. Criminal or Civil case?
3. Stage of trial/ proceeding?
4. What is the evidence?
5. What is it being offered to prove?
6. Is it relevant? If yes, admissible, unless:
7. Is it excluded under another rule?

Question 7

What is the evidence approach framework (RFHEL at 403/352 PM)?

Answer 7

Real Friends Have Evidence Lectures at 403/352 PM
* Relevance
* Foundation
* Hearsay
* Exclusions and Limitations (character, 407-412, BER)
* 403/352
* Procedural Matters

Question 8

What are the stages of trial?

Answer 8

1. Pre-trial (MYS, M4SJ)
2. VD
3. Opening Statements
4. P’s Case in Chief
5. D’s Case in Chief;
6. P’s Rebuttal;
7. Closing Arguments;
8. Jury Instructions;
9. Deliberations & Verdict

Question 9

What kind of questions are not allowed on direct?

Answer 9

Leading questions (although adverse witnesses can be asked leading questions).

Question 10

How are errors preserved for appeal?

Answer 10

FRE 103: a party preserves a claim of error by (a) timely objections, and (b) stating specific grounds unless apparent.

Question 11

When the court excludes evidence, how is the issue preserved on appeal?

Answer 11

FRE 103(a)(2): party informs the court of its substance by an offer of proof, unless the substance was apparent from the context.

Question 12

What happens if evidence is not objected to?

Answer 12

it is admitted

Question 13

What does the court do when evidence is partially admissible?

Answer 13

FRE 105: on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

Question 14

On appeal, what burden must be met in order for an evidentiary ruling to be overturned?

Answer 14

(1) the error must affect a substantial right i.e. changed the outcome; (2) the lower court abused its discretion.