Evidence Fundamentals Flashcards

1
Q

Define substantive evidence.

A

Evidence that can be used to prove the truth of a fact

More Info: Substantive Evidence

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2
Q

Define limited evidence.

A

Evidence that cannot be used to truth of a fact but proves an auxiliary fact (e.g. notice)

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3
Q

Define intrinsic evidence.

A

Evidence that comes from the mouth of the witness in court

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4
Q

What is the scope of the Federal Rules of Evidence?

A

All civil and criminal proceedings in federal courts (≠ military courts)

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5
Q

When do the Federal Rules of Evidence not apply?

A
  1. Preliminary questions of fact regarding the admissibility of evidence
  2. Grand jury proceedings
  3. Preliminary hearings
  4. Sentencing and probation hearings
  5. Obtaining warrants
  6. Bail proceedings
  7. Summary contempt
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6
Q

What must be done in order to preserve an appeal for an admission of evidence?

A

A timely and specific objection must be made.

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7
Q

Where a ruling excludes evidence, how can the issue be preserved for appeal?

A

An offer of proof must be made outside the presence of a jury.

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8
Q

What are motions in limine?

A

Pretrial rulings on the admissibility of evidence.

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9
Q

When is an evidence error harmless?

A

When the jury would have reached the same verdict even if the error did not occur.

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10
Q

What happens if an objection is not made to objectionable evidence?

A

The evidence will be admitted.

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11
Q

What is the only time when an appeal can be preserved without an objection?

A

When plain error is found

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12
Q

When is plain error found?

A

When a serious mistake prejudices a verdict, and the mistake is obvious and clear

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13
Q

What are the preliminary questions regarding the admissibility of evidence?

A
  1. Competency
  2. Admissibility
  3. Whether privilege applies
    * More Info:* Preliminary Questions
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14
Q

What is the procedure for holding hearings on admissibility?

A

The hearing must occur outside the presence of the jury.

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15
Q

Who determines the admissibility of evidence and what is the standard?

A

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

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16
Q

When does conditional relevancy occur?

A

One item’s relevance is conditioned on the relevance of another piece of evidence

17
Q

If evidence is given a limiting instruction, what must the court do?

A
  1. Restrict the evidence to its proper scope
  2. Instruct the jury to the limitation
18
Q

What is the rule of completeness?

A

When a party introduces part of a writing or recording, the adverse party may immediately introduce any other part of the writing which, in fairness, ought to be considered in conjunction with the original writing or recording.