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Evidence > General Considerations > Flashcards

General Considerations Flashcards

1
Q

Evidence Law

DEFINITION

A

Body of law we have to

  • regulate,
  • restrict, and
  • assign weight to info
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2
Q

Evidence Law

6 CONSIDERATIONS

A
  1. Relevance
  2. Fairness
  3. Strengths and limitations of juries
  4. Efficiency
  5. Social policies
  6. Historical anomalous doctrines
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3
Q

When do FRE (other than privilege) not apply?

A
  1. Grand jury
  2. Evidentiary hearing
  3. Certain other miscellaneous proceedings (including those involving
    - sentencing,
    - extradition,
    - bail, and
    - probation)

RULE 1101

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4
Q

Evidentiary hearing

DEFINITION

A

Court’s determination on a preliminary question of fact governing admissibility

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5
Q

How should FRE be construed?

A

So as to
- Administer every proceeding fairly,
- Eliminate unjustifiable expense and delay, and
- Promote the development of evidence law
To the end of ascertaining the truth and securing a just determination

RULE 102

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6
Q

When do FRE apply?

A

All civil and criminal cases in

  1. US courts of appeal
  2. US district courts
  3. US court of claims
  4. US bankruptcy courts
  5. US admiralty courts
  6. US proceedings before US magistrates

RULE 101

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7
Q

What is RULE 103 for?

A

rulings on evidence

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8
Q

What is RULE 105 for?

A

limiting evidence that is not admissible against other parties or for other purposes

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9
Q

Rule of Completeness

A

RULE 106

  • If a party introduces all or part of a writing or recorded statement,
  • an adverse party may require the introduction
  • at that time of
  • any other part OR
  • any other writing or recorded statement
  • that in fairness ought to be considered at the same time
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10
Q

What is RULE 104(a) for?

A

preliminary questions in general

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11
Q

What is RULE 104(b) for?

A

relevance that depends on a fact

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12
Q

Condition relevance

DEFINITION

A

relevance that depends on a fact

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13
Q

How does a court treat preliminary questions?

A
  1. The court must decide any preliminary question about
    a. Whether a witness is qualified
    b. A privilege exists, or
    c. Evidence is admissible
  2. In so deciding, the court is not bound by evidence rules
    Except those on privilege

RULE 104(a)

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14
Q

How does a court treat conditional relevance?

A
  1. When relevance of evidence depends on whether a fact exists = proof must introduced sufficient to support a finding that the fact does exist
  2. The court may admit the proposed evidence on the condition that the proof be introduced later

RULE 104(b)

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15
Q

Who has responsibility for evidentiary compliance?

A

the advocates

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16
Q

Objection

REQUIREMENTS + CONSEQUENCES

A

Must be

  1. timely
  2. specific

Otherwise = objection may be waived

17
Q

What is the effect of a failure to object?

A

often means the issue is waived

18
Q

What do you do if you believe the court has improperly excluded evidence?

A

Make an offer of proof to preserve the issue on appeal

19
Q

Offer of proof

A

Put on the record what evidence would have been offered

20
Q

Standards of Review

A
  1. Abuse of discretion
  2. Harmless error
  3. Plain error
21
Q

Abuse of discretion standard

A
  • An appellate court might disagree with the decision a trial judge made,
  • but will not grant relief
  • UNLESS the judge’s decision
    1. was based on
    a. A clearly erroneous finding of fact or
    b. An erroneous conclusion of law or
    2. Manifested a clear error in judgment
22
Q

Harmless error rule

A

An appellate court will grant relief ONLY for

  • evidentiary errors
  • that affect the substantial rights
  • of the parties
23
Q

Plain error rule

A

Allows an appellate court to provide relief where the parties failed to bring a proper objection ONLY IF
1. The error affects a substantial right
2. The error is clear from the record AND
3. The error is one that would affect the
a. fairness,
b. integrity, or
c. public reputation
of judicial proceedings if left uncorrected

24
Q

If a party fails to object, what standard of review will the appellate court likely use?

A

Plain error rule

25
Q

Motion to strike

KEY TERM

A

= when objectionable material has already been introduced to the jury, an attorney may object and ask the judge to strike from the record the objectionable material

+ appropriate where the objectionable nature of a witness’s response is not apparent from the question

26
Q

Response

KEY TERM

A

= following an object at trial, the opposing party general gets the opp to briefly respond

+ the response should be directed to the judge, not opposing counsel and should be

  • precise
  • concise
  • specific
27
Q

Ruling

KEY TERM

A

= the judge’s decision usually phrased in answer to objects are

  • sustained OR
  • overruled

+ for more complicated issues, such as those raised in motions in limine, the ruling should contain sufficient facts and information for the appellate court to understand the factual context of the ruling and the judge’s legal analysis of the issue

28
Q

Motion in limine

KEY TERM

A

= a pretrial motion to admit or exclude evidence

+advocates files these motions to shape the evidentiary landscape of the upcoming trial and assist them in planning their case preparations
+ if necessary a hearing under RULE 104 may be made to develop evidence for the motion in limine

[in limine = @ the outset]

29
Q

Definitive ruling

KEY TERM

A
  • parties have the duty to object to and identify evidentiary errors whenever they are made at trial
  • however, if a judge has DEFINITIVELY RULED on an evidentiary issue, the losing party is not required to renew its objection if the evidence is later introduced
30
Q

Stipulation

KEY TERM

A

= agreement btwn the parties that evidence or testimony is admissible

+ avoid the necessity of complying with evidentiary rules
+ can be a window through which otherwise inadmissible evidence enters the courtroom

31
Q

Limiting instruction

KEY TERM

A

pursuant to RULE 105, a judge should given an evidentiary instruction to the jury
when evidence is permitted ONLY for a permissible purpose
(not for an impermissible purpose)

Evidence (10 decks)

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