Evidence

Question 1

Define rule 101: Scope; Definitions

Answer 1

Scope: rules apply to proceedings in US courts

Question 2

Define rule 102: Purpose

Answer 2

These rules should be considered so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and to administer justice

Question 3

Define rule 103(a): Preserving a Claim of Error

Answer 3

(1) if the ruling admits evidence the party, on the record must timely object and state the specific ground
(2) if the ruling excludes evidence, a party must make an offer of proof

Question 4

Define rule 201: Judicial Notice of Adjudicative Facts

Answer 4

generally known within the jurisdiction, and can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned

Question 5

Define rule 301: Presumptions in a Civil Case Generally

Answer 5

a party against whom a presumption is directed has the burden of offering evidence to rebut the presumption

Question 6

Define rule 302: Applying State Law to Presumptions in Civil Cases

Answer 6

state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision

Question 7

Define rule 401: Test for Relevance

Answer 7

Evidence is relevant if:

(a) it has a tendency to make a fact more or less probable than without it
(b) is a fact of consequence in determining the action

Question 8

Define rule 402: General Admissibility of Relevant Evidence

Answer 8

relevant evidence is admissible unless law/rule provides otherwise
irrelevant evidence is not admissible

Question 9

Define rule 403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or other Reasons

Answer 9

evidence is inadmissible if it’s probative value is substantially outweighed by a danger of: unfair prejudice, confusing the issues, misleading the jury, wasting time, or needless cumulative evidence

Question 10

Under Rule 404 (Character Evidence, Crimes or Other Acts), what are the prohibited uses for character and/or traits?

Answer 10

Evidence of a person’s character or trait is not admissible to show they acted in accordance with that trait on a particular occasion

Question 11

Under Rule 404 (Character Evidence, Crimes or Other Acts), what are the exceptions for a defendant or victim a criminal case for character and/or traits?

Answer 11

a def may offer evidence of the def’s or vic’s trait, and prosecutor may offer evidence to rebut or of def’s same trait (as victim)
In homicide, prosecutor may offer evidence of vic’s trait of peacefulness if def claims self defense

Question 12

Under Rule 404 (Character Evidence, Crimes or Other Acts) what are the prohibited uses for crimes, wrongs, and other acts?

Answer 12

not admissible to prove a person’s character (to show they acted in accordance with that character on a particular occasion)

Question 13

Under Rule 404 (Character Evidence, Crimes or Other Acts), when may a crime or other act be used in a criminal case?

Answer 13

for another purpose (motive, intent, plan, knowledge…), Prosecutor must provide reasonable notice before trial

Question 14

What are the two “Methods of Proving Character” under rule 405?

Answer 14

(a) by reputation or opinion: when character is admissible, it may be proved by opinion, on cross-x inquiry into specific instances is allowed
(b) by specific instances of conduct: when character is an essential element to a charge, claim, or defense, character may be proved by specific instances

Question 15

Define rule 406: Habit, Routine Practice

Answer 15

may be admitted to prove that on a particular occasion a party acted in accordance with the habit or routine practice

Question 16

What are the factors is determining whether something is a habit or a routine practice under rule 406?

Answer 16

(1) specificity of conduct
(2) distinctness of the situation
(3) regularity of conduct

Question 17

Define rule 407: Subsequent Remedial Measures

Answer 17

not admissible to prove: negligence, culpability, defect in a product/design, need for a warning, but may be used for impeachment or, if disputed, ownership, control, feasibility of precautionary measures

Question 18

Define rule 408: Compromising Offers and Negotiations

Answer 18

not admissible to either to prove or disprove the validity or amount of a disputed claim, or to impeach by a prior statement or a contradiction

Question 19

Define rule 409: Offers to Pay Medical and Similar Expenses

Answer 19

not admissible to prove liability for the injury

Question 20

Define rule 410: Pleas, Plea Discussions, and Related Statements

Answer 20

not admissible unless another statement has been offered from the same discussion, or in a perjury proceeding

Question 21

Define rule 411: Liability Insurance

Answer 21

not admissible to prove whether the person acted negligently or wrongfully. May be used to prove agency, control, or witness bias

Question 22

Define rule 412. Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition

Answer 22

may not be used except in crim cases to prove someone else was the source of semen, previous sexual conduct with def, or evidence whose exclusion would violate def’s constitutional rights