Evidence Fundamentals Flashcards
Define substantive evidence.
Evidence that can be used to prove the truth of a fact
More Info: Substantive Evidence
Define limited evidence.
Evidence that cannot be used to truth of a fact but proves an auxiliary fact (e.g. notice)
Define intrinsic evidence.
Evidence that comes from the mouth of the witness in court
What is the scope of the Federal Rules of Evidence?
All civil and criminal proceedings in federal courts (≠ military courts)
When do the Federal Rules of Evidence not apply?
- Preliminary questions of fact regarding the admissibility of evidence
- Grand jury proceedings
- Preliminary hearings
- Sentencing and probation hearings
- Obtaining warrants
- Bail proceedings
- Summary contempt
What must be done in order to preserve an appeal for an admission of evidence?
A timely and specific objection must be made.
Where a ruling excludes evidence, how can the issue be preserved for appeal?
An offer of proof must be made outside the presence of a jury.
What are motions in limine?
Pretrial rulings on the admissibility of evidence.
When is an evidence error harmless?
When the jury would have reached the same verdict even if the error did not occur.
What happens if an objection is not made to objectionable evidence?
The evidence will be admitted.
What is the only time when an appeal can be preserved without an objection?
When plain error is found
When is plain error found?
When a serious mistake prejudices a verdict, and the mistake is obvious and clear
What are the preliminary questions regarding the admissibility of evidence?
- Competency
- Admissibility
- Whether privilege applies
* More Info:* Preliminary Questions
What is the procedure for holding hearings on admissibility?
The hearing must occur outside the presence of the jury.
Who determines the admissibility of evidence and what is the standard?
The judge uses the preponderance of the evidence standard to evaluate admissibility.
A judge is not bound by Rules of Evidence in reaching his conclusion, except for privilege rules.
More Info: Admissibility