Federal Rules of Evidence Flashcards
What can habit be admitted for
Evidence of a person’s habit or an organization’s routine practice is admissible to prove that the person or organization acted in accordance with that habit or practice.
When is a document’s unavailability okay under the BER
(1) original lost or destroyed (not in bad faith) (2) originals not attainable (3) opponent had original, knew it was required and failed to produce or (4) content not closely related to controlling issue
What is the exception for admission by a party under the BER
Contents can be proven by opposing party’s testimony, deposition, or written statement
When can a recorded recollection be offered as an exhibit?
An opposing party can offer a recorded recollection as an exhibit when (1) the witness once knew but can no longer recall the fact (2) witness made or adopted record when fresh in mind and (3) record accurately reflects the witness’s knowledge
When can a recorded recollection be read into evidence
(1) the witness once knew but can no longer recall the fact (2) witness made or adopted record when fresh in mind and (3) record accurately reflects the witness’s knowledge
What evidentiary rules is court bound by when deciding whether to admit something into evidence
The court is only bound by evidentiary rules regarding privilege
When should a determination about evidence’s admissibility be made outside the presence of the jury
(1) matter involves the admissibility of a confession; (2) defendant in a criminal case is a witness in a hearing on the matter and so requests or (3) justice so requires on account of prejudice
What is the bursting bubble approach
An opposing party in a civil suit can overcome a rebuttable presumption by producing sufficient evidence to contradict the presumed fact. Once the bubble bursts, the fact finder must weigh the evidence to decide the issue
Does the bursting bubble approach apply in diversity cases
No
When is a criminal conviction from the past 10 years admissible
If it is NOT a crime of dishonesty, a felony conviction from the past 10 years is admissible against a testifying criminal defendant if the probative value > prejudicial effect, it is admissible against other witnesses unless the prejudicial effect substantially outweighs the probative value. Crimes of dishonesty are always admissible
What tangible items does the BER apply to
Original recordings, writings, or photographs. It does not apply to real or physical evidence.
When can an opposing party introduce extrinsic evidence of a prior inconsistent statement
when (1) the witness can address and opposing party can question witness about statement or (2) justice so requires
When can a criminal defendant offer evidence of their good character
When that trait is pertinent to the charged crime
What is the role of a jury a document has been lost or destroyed under the BER
The jury determines (1) whether the document ever existed (2) another document produced at a hearing or trial is the original or (3) other evidence of content accurately reflects the content
When is evidence of a victim’s prior sexual conduct admissible in a civil trial
When the probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party
