FRE - Text Flashcards
FRE 401 - Test for Relevant Evidence
Evidence is relevant if (a) it has ___ tendency to make a fact ___ _ ___ ________ than it would be without the evidence; and (b) the fact is of consequence in determining the action.
FRE 401 - Test for Relevant Evidence
Evidence is relevant if (a) it has ANY tendency to make a fact MORE OR LESS PROBABLE than it would be without the evidence; and (b) the fact is of consequence in determining the action.
FRE 402 – General Admissibility of Relevant Evidence
“Relevant evidence is admissible unless any of the following provides otherwise: o \_\_\_\_\_\_\_\_\_\_\_\_\_ o \_\_\_\_\_\_\_\_\_\_\_\_\_ o \_\_\_\_\_\_\_\_\_\_\_\_\_ o \_\_\_\_\_\_\_\_\_\_\_\_\_
Irrelevant evidence is not admissible.”
FRE 402 – General Admissibility of Relevant Evidence
“Relevant evidence is admissible unless any of the following provides otherwise:
o THE UNITED STATES CONSTITUTION
o A FEDERAL STATUTE
o THESE RULES
o OTHER RULES PRESCRIBED BY THE SUPREME COURT
Irrelevant evidence is not admissible.”
FRE 403 – Excluding Relevant Evidence…
Under FRE 403, “The court may exclude relevant evidence if its probative value is ________ ________ by a danger of one or more of the following: ….”
FRE 403 – Excluding Relevant Evidence…
Under FRE 403, “The court may exclude relevant evidence if its probative value is SUBSTANTIALLY OUTWEIGHED by a danger of one or more of the following: ….
FRE 403 – Excluding Relevant Evidence…
“The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: o \_\_\_\_\_\_\_\_\_\_\_\_\_ o \_\_\_\_\_\_\_\_\_\_\_\_\_ o \_\_\_\_\_\_\_\_\_\_\_\_\_ o \_\_\_\_\_\_\_\_\_\_\_\_\_ o \_\_\_\_\_\_\_\_\_\_\_\_\_ o \_\_\_\_\_\_\_\_\_\_\_\_\_
FRE 403 – Excluding Relevant Evidence…
“The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:
o UNFAIR PREJUDICE o CONFUSING THE ISSUES o MISLEADING THE JURY o UNDUE DELAY o WASTING TIME o NEEDLESSLY PRESENTING CUMULATIVE EVIDENCE"
FRE 404 - Character Evidence; Crimes or Other Acts
(A) Character Evidence.
(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a _____ ______ the person ______ in _____ with the character or trait.”
FRE 404 - Character Evidence; Crimes or Other Acts
(A) Character Evidence.
(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a PARTICULAR OCCASION the person ACTED in ACCORDANCE with the character or trait.”
FRE 404 - Character Evidence; Crimes or Other Acts
404(a)(2)(A)
“A defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may _____ ______ _ _______ _;”
FRE 404 - Character Evidence; Crimes or Other Acts
404(a)(2)(A)
“A defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may OFFER EVIDENCE TO REBUT IT.”
FRE 406 - Habit; Routine Practice
“Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization ____ _ ______ __ the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.”
FRE 406 - Habit; Routine Practice
“Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization ACTED IN ACCORDANCE WITH the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.”
FRE 412 - Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition
(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
(1) evidence offered to prove that a victim engaged in _____ _____ ______; or
(2) evidence offered to prove a victim’s ________ ____________
FRE 412 - Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition
(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:
(1) evidence offered to prove that a victim engaged in OTHER SEXUAL BEHAVIOR; or
(2) evidence offered to prove a victim’s SEXUAL PREDISPOSITION
FRE 413 – Similar Crimes in Sexual-Assault Cases
“(a) Permitted Uses. In a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant _________ __ ____ ______ ________. The evidence may be considered on any matter to which it is relevant.
FRE 413 – Similar Crimes in Sexual-Assault Cases
“(a) Permitted Uses. In a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant COMMITTED ANY OTHER SEXUAL ASSAULT. The evidence may be considered on any matter to which it is relevant
FRE 414 – Similar Crimes in Child-Molestation Cases
“(a) Permitted Uses. In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant ________ ___ ____ _____ __________. The evidence may be considered on any matter to which it is relevant.”…
FRE 414 – Similar Crimes in Child-Molestation Cases
“(a) Permitted Uses. In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant COMMITTED ANY OTHER CHILD MOLESTATION. The evidence may be considered on any matter to which it is relevant.”…
FRE 415 – Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation
“(a) Permitted Uses. In a civil case involving a claim for relief based on a party’s alleged sexual assault or child molestation, the court may _____ evidence that the party ________ ___ ____ _______ _______ _ _____ __________ . The evidence may be considered as provided in Rule 413 and 414…”
FRE 415 – Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation
“(a) Permitted Uses. In a civil case involving a claim for relief based on a party’s alleged sexual assault or child molestation, the court may ADMIT evidence that the party COMMITTED ANY OTHER SEXUAL ASSAULT OR CHILD MOLESTATION. The evidence may be considered as provided in Rule 413 and 414…”
When offering evidence, think through:
o What is my \_\_\_\_\_\_? o What am I \_\_\_\_\_\_\_ \_\_ \_\_ \_\_\_\_\_? o Is it \_\_\_\_\_\_? o Is it \_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_? o Is it limited in \_\_\_\_\_\_\_\_?
When offering evidence, think through:
o What is my evidence? o What am I offering it to prove? o Is it relevant? o Is it unfairly prejudicial? o Is it limited in application?
FRE 804 – Exceptions to the Rule Against Hearsay – When the Declarant is Unavailable as a Witness
“(a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant:
(1) is ____ from _____ about the subject matter of the declarant’s statement because the court rules that _ _______ ________;
(2) ______ to _____ about the subject matter despite a ____ ______ to do so;
…
FRE 804 – Exceptions to the Rule Against Hearsay – When the Declarant is Unavailable as a Witness
“(a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant:
(1) is EXEMPTED from TESTIFYING about the subject matter of the declarant’s statement because the court rules that A PRIVILEGE APPLIES;
(2) REFUSES to TESTIFY about the subject matter despite A COURT ORDER to do so;
FRE 804 – Exceptions to the Rule Against Hearsay – When the Declarant is Unavailable as a Witness
“(a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant:
….
(3) testifies to ___ _________ the subject matter;
(4) cannot be present or testify at the trial or hearing because of _____ or a ____-_______ _______, ______ _____, or ______ _____; or
FRE 804 – Exceptions to the Rule Against Hearsay – When the Declarant is Unavailable as a Witness
“(a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant:
….
(3) testifies to NOT REMEMBER the subject matter;
(4) cannot be present or testify at the trial or hearing because of DEATH or a THEN-EXISTING INFIRMITY, PHYSICAL ILLNESS, or MENTAL ILLNESS; or
Rule 801 Hearsay - Emanuels/working definition:
“Hearsay is a ________ or assertive ______ which was ____ or ______ ___ __ court, and is_______ in ____ to ____ the _____ of the ______ ________.”
“Hearsay is a statement or assertive conduct which was made or occurred out of court, and is offered in court to prove the truth of the matter asserted.”
