Four W's of the FRE

Question 1

What are the 4 W’s of evidence ?

Answer 1

Why do courts follow rules of evidence?

Who wrote the Federal Rules of Evidence?

Where do the Federal Rules of Evidence apply?

When do the rules apply?

Question 2

Why do courts follow the rules ?

Answer 2

To protect the jury from misleading information.

To eliminate unnecessary delay and promote efficiency.

To protect a social interest, such as a confidential relationship.

To ensure that evidence is sufficiently reliable.

Question 3

Who created them ?

Answer 3

Advisory Committee and [a few by] Congress

Question 4

Where do the apply?

[Rule 101]

Answer 4

These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101.

Question 5

Rule 1101(a). Applicability to courts and judges

Answer 5

Apply to proceedings before:
• United States district courts, bankruptcy and magistrate judges; and courts of appeals;
• the United States Court of Federal Claims; and
• the district courts of Guam, the Virgin Islands, and the Northern Mariana Islands.

Question 6

Rule 1101 (b). Applicability to cases and proceedings

Answer 6

These rules apply in
• civil cases and proceedings, including bankruptcy, admiralty, and maritime cases;
• criminal cases; and
• contempt proceedings, except those in which the court may act summarily.

Question 7

T/F: The FRE only apply to cases and proceedings during trial.

Answer 7

True

Question 8

Rule 1101 (c). Rules on privileges

Answer 8

The rules on privilege apply to all stages of a case or proceeding.

Question 9

What are the privileges under 1101(c)? [6]

Answer 9

Atty-client, privilege against self-incrimination, spousal privilege, psycho-therapist patient, executive and privilege for spiritual counseling.

Question 10

Rule 1101(d) exceptions to applicability [FRE do not apply] [3]

Answer 10

1. Courts determination on a preliminary question of fact governing admissibility,
2. Grand jury proceedings
3. Miscellaneous such as extradition or rendition, issuing an arrest warrant, criminal summons, or search warrant, preliminary exam. in a crim case, sentencing, granting/revoking probation, and considering to release on bail.

Question 11

Types of spousal privilege [2]

Answer 11

Testimonial: cannot call legal spouse as witness

Confidential: communication shared during marriage