Evidence I: Getting it in and Out Flashcards
What are the types of evidence?
1) Testimonial proof such as cross or direct exams
2) Real Evidence: tangible things “directly invoved” in the transactions, events, or litigation
- -> law does not ordinarily require production
3) Demonstrative Evidence: Tangible proof that in some way makes the point proven “graphic”
4) Writings: generally must be introduced into evidence per B.E.D and admission requires:
- -> Authentication, and
- -> proof that writing falls within hearsay exceptoin
The Scope of Cross Examination: What are the 3 ways to define it?
1) Same transaction or occurence
2) same point or statement
3) the issue at hand
Name policy arguements for why the rules are needed….1…2…3…GO!
1) Don’t trust juries
2) It serves substantive polices by giving burdens of proof and persuasion
3) It futhers unrelated public policies
What are the types of objections
1) Objections to questions
2) Objections to answers
- -> can ask that the jury disregard and have answer stricken from the record
3) Substantive Objections
- -> attacks the character of the objection
4) Formal?
State Rule 103
Rule 103 and Offer of Proof
Two ways to make offers of proof:
1) Present to Trial court evidence that would have been admitted
- -> Kick jurors out
- -> Sidebar
2) record the testimony
State Rule 104
Rule 104: Preliminary Questions
(a) Generaly, court must decide and is bound by rules of priveldge
(b) if conditional relevancy, facts must be proven
What is…the Standard of Review for Appeals on Evidence?
A substantial right of an party MUST be affected
Burden of persuasion: “probably affected”
What are the types of Error on Appeal
1) Reversible error–> probably DID affect
2) Harmless error–> probably DID NOT affect
3) Plain error–> Error that warrants relief even though the appellant failed to preserve the claim
- -> generally not reversible (lawyer fault)
- -> Obvious and Serious Exception: serious is a miscarriage of justice
4) Constitutional Error–> In Crim cases, admitting evidence by mistake that should be barred by the 4th and 5th amemdnets
The Cumulative Evidence Doctrine: Dont understand yet………
Working on it
Two defendants are on trial, each with a separate lawyer. The other lawyer objects….must you also object to preserve the evidence on appeal?
It depends:
- ->If the objection is on the same issue: no need to object
- ->If objection is on a different issue: must object on separate grounds
Bruton: involuntary conffession v. confrontation
