Evidence

Question 1

Evidence

Answer 1

Proof presented at trial, including testimony, writings, and physical objects, that can help to determine material facts in controversy.

Question 2

Proof presented at trial, including testimony, writings, and physical objects, that can help to determine material facts in controversy.

Answer 2

What is it offered to prove? Does it help to prove that for which it is offered (why do we care)?

Question 3

Substantive v Limited Use

Answer 3

Substantive - jury can use for any purpose (character, habit, sexual assault, MIMIC, hearsay); Limited - instruction given to be only used for limited purpose (impeachment, effect on listener) (i.e. criminal D credibility impeachment using prior convictions only for credibility and not evidence as guilt for current crime - Rule 105).

Question 4

Intrinsic v Extrinsic Evidence

Answer 4

Intrinsic - from mouth of witness in court; Extrinsic - everything else, including guns, drugs, impeachment by other witness, certifications

Question 5

Proponent v Opponent

Answer 5

Proponent - person offering/sponsoring evidence; burden to establish prelim facts (competency, qualification of witnesses, unavailability, privilege) by preponderance of evidence. Court not bound by rules of evidence except wrt privileges; Opponent - person challenging evidence.

Question 6

Steps to Evid Question

Answer 6

1) Spot issue (character, hearsay, impeachment), 2) Determine purpose (truth, impeachment), 3) Relevance/strategy, 4) Authenticity, 5) Competence of witness, 6) Admission/exclusion rules to allow/preclude

Question 7

Federal Rules of Evidence

Answer 7

Adopted in 1975, presumption of admissibility, govern civil/criminal trials and proceedings (incl bankruptcy and admiralty)

Question 8

FRE Don’t Apply

Answer 8

1) Preliminary questions of fact regarding admissibility, 2) grand jury proceedings, 3) preliminary hearings, 4) sentencing and probation hearings, 5) applying for / obtaining warrant, 6) bail proceedings, 7) summary contempt

Question 9

Preliminary Questions (Rule 104)

Answer 9

Ct must decide prelim qs about whether W qualified, privilege exists, or evid admissible; rules don’t apply except for privilege. Conditional admission (see below) - relevance of evidence depends on whether fact exists, and ct may admit on condition that proof be introduced to support finding that it does. Prelim hearing must be granted if involves 1) admissibility of confession, 2) D criminal case witness and requests, 3) justice so requires.

Question 10

Rules

Answer 10

Relaxed rules in pretrial and posttrial, but full strength at trial. Figure out where in process you are and apply rules accordingly.

Question 11

Relevance

Answer 11

Any evidence is admissible if it is material, probative, and competent. (Irrelevant evidence is generally inadmissible.) Relevant evid tends to make existence of fact more / less probable than w/o evid, AND, fact of consequence in determining action.

Question 12

Logical v Legal

Answer 12

Logical - tendency to make fact more/less true; legal - not barred by pragmatic concerns

Question 13

Material

Answer 13

It is material if it affects a fact of consequence in determining the action.

Question 14

Probative

Answer 14

It is probative if it tends to prove or disprove the material issue, or has a tendency to make a fact more or less probable than without the evidence.