Evidence Flashcards
What is the definition of relevance under FRE 401?
Evidence is relevant if it has any tendency to make a fact more or less probable and the fact is material to the case.
Under FRE 403, when may relevant evidence be excluded?
Relevant evidence may be excluded if its probative value is substantially outweighed by unfair prejudice, confusion, waste of time, or misleading the jury.
What is hearsay according to FRE 801?
An out-of-court statement offered to prove the truth of the matter asserted.
What is a prior inconsistent statement under hearsay exclusions?
A statement made under oath that contradicts a witness’s previous statement.
What is a dying declaration in the context of hearsay exceptions?
A statement about cause of death made under belief of imminent death, applicable in homicide or civil cases only.
Name three hearsay exceptions where the declarant is unavailable.
- Former Testimony
- Dying Declaration
- Statement Against Interest
What are the criteria for the ‘Present Sense Impression’ hearsay exception?
A statement describing an event made while or immediately after perceiving it.
What is the general rule for character evidence under FRE 404(a)?
Character evidence is inadmissible to prove propensity, except in criminal cases.
Under what condition can a defendant introduce evidence of good character?
A defendant may introduce evidence of good character, but if they do, the prosecution may rebut.
What methods can be used for impeachment according to FRE 607-609?
- Prior inconsistent statements
- Bias or motive
- Criminal convictions
- Bad reputation for truthfulness
- Contradiction with other evidence
What is the 10-Year Rule for criminal convictions in impeachment?
If a conviction is over 10 years old, it is admissible only if probative value substantially outweighs prejudice.
What is the Attorney-Client Privilege?
Confidential communications between a client and attorney for legal advice are privileged.
What does the spousal testimonial privilege entail?
In criminal cases, a spouse cannot be forced to testify against their spouse.
What does the Best Evidence Rule (FRE 1002) state?
When the contents of a writing are at issue, the original document must be produced or an acceptable duplicate.
What is required for the authentication of evidence under FRE 901?
Evidence must be authenticated before admission, e.g., witness testimony, expert opinion, chain of custody.
What is judicial notice according to FRE 201?
Courts may recognize facts not subject to dispute, such as widely known facts or government records.
