evidence essay rules

Question 1

relevant evidence

Answer 1

All relevant evidence is admissible unless excluded by a specific rule, law, or constitutional provision.

Evidence is relevant if (i) it has any tendency to make a fact more or less probable than it would be without the evidence (i.e., probative), and (ii) the fact is of consequence in determining the action (i.e., material).

Question 2

lay witness testimony

Answer 2

generally not permitted to testify as to his opinion, except with respect to the lay witness’s common-sense impressions.

To be admissible, a lay witness’s opinion must be:
(i) rationally based on the witness’s perception, and
(ii) helpful to a clear understanding of the witness’s testimony or a fact in issue.

Question 3

expert witness opinion testimony

Answer 3

admissible when:
(i) the witness is qualified as an expert by knowledge, skill, experience, training, or education,
(ii) the testimony is based on sufficient facts or data,
(iii) the testimony is the product of reliable principles and methods, and
(iv) the witness applied the principles and methods reliably to the facts of the case.

Question 4

business record

Answer 4

A business record is excepted from the hearsay rule if the record was
(i) kept in the course of a regularly conducted activity,
(ii) made as a regular practice for that activity, and
(iii) made at or near the time of the act or event by someone with knowledge.