Evidence/Civil Rules

Question 1

What is the Daubert standard?

Answer 1

It’s a multi-factorial test regarding the admissibility of expert testimony. Generally, it turns on whether the expert’s methodology is valid, and considers things like whether the theory or technique has gained widespread acceptance in the relevant expert community.

Question 2

What is a motion in limine?

Answer 2

It’s a pretrial motion challenging the admissibility of certain evidence or argument. It’s rooted in the courts inherent authority to manage the trial process.

Question 3

What are some hearsay exceptions?

Answer 3

Rule 803 governs the hearsay exceptions. There are many:

1. excited utterance
2. statement made for medical diagnosis
3. recorded recollection
4. business records ==> made at or near the time, regularly kept in the ordinary course
5. Public records

Question 4

What rule covers injunctions?

Answer 4

Rule 65

Question 5

FRE 404

Answer 5

Deals with the admissibility of character evidence