General matters under FRE

Question 1

E - Applicable Law + exceptions (3)

Answer 1

Federal rules of E - Exceptions (3): 1) preliminary question of fact to determine admissibility 2) Grand jury proceeds 3) Miscellaneous proceeding : i.e. extradition, inmigration, etc

Question 2

E- Gral Approach for Courts

Answer 2

Discretion - FRE as guidelines / apply common sense

Question 3

E- Types of notices (3) - as knowledge of a fact

Answer 3

1. Judicial
2. Discretionary
3. Mandatory

Question 4

E- Types of notices - Judicial / 2 types of facts permitted at any time of procedure

Answer 4

1. Grlly known bu public at large and non-reasonable to dispute them (“Seattle is in WA”)
2. Capable of accurate and ready determination with review of source (look for word in dictionary)

Question 5

E- Types of notices - Judicial / Effects on civ/criminal

Answer 5

• Civil: fact is established as conclusive for jury
• Criminal: prosecutor deemed to have satisfied burden of proof (still has burden to persuade

Question 6

E- Types of notices - Discretionary / subjects (4) (by request or sua ponte)

Answer 6

1. Foregin Law
2. Regs of private agencie
3. Municipal Ordinances
4. Local geographic matter

Question 7

E- Types of notices - Mandatory / when, what (2)

Answer 7

• Only by request
• For:
  1) federal/state law
  2) Indisputable facts and scientific provisions

Question 8

E- Evidentiary Rulings - Requirements for Objections (3) (party must prove that)

Answer 8

1. Substantial right was affected
2. Objection/motion to strike timely submitted (before E admitted or soon thereafter) and w/specific details UNLESS is obvious facts or plain error
3. Objection presented to preserve issue for later challenge/appeal

Question 9

E- Evidentiary Rulings - Grounds for appeal (2)

Answer 9

1. Would create difference in outcome
2. Constitutional violation involved

Question 10

E - General rule on burden of proof and standards

Answer 10

• Proponents with burden
• “Preponderance of E” aka “more probabel than not” (execeptionally “clear and convicing” and “reasonable doubt for criminal”)

Question 11

E- Court/Jury roles regarding E

Answer 11

• Court: decides on admisibility of facts
• Jury: decides on weight and credibility of E

Question 12

E- Rule on D testifying on criminal preliminary matter

Answer 12

No 5th ammendment waiver presummed / no “self incrimination”

Question 13

E - Cross Examination Limitation

Answer 13

When in criminal case prohibtion to cross examin on other matters

Question 14

E - “Limited Admissibility” Rule

Answer 14

• Court allowed to give “limiting instruction” to jury to consider E only for the stated permissible purpose
• WHen court allows E againt one party for 1 purpose it can allow or limit to another for a different purpose

Question 15

E - Types of Burden of proof (2)

Answer 15

1. Of production
2. Of persuassion

Question 16

E - Burden of Production / concept

Answer 16

Burden to show court that ISSUE EXISTS

Question 17

E - Burden of Production / Effects of satisfaction/failure

Answer 17

• If burden satisfied: Presumption of existence that needs to be rebutted by opposing party
• If burden unsatisfied: court can decide as matter of law w/o jury involvement

Question 18

E - Burden of Persuassion / to whom, standards

Answer 18

To convince jury

• Criminal: beyond reasoanble doubt
• Civil:
• Gral rule: “preponderance of E”
• Exception: “clear and convincing E” for fraud, attorney disbarment, validity of will

Question 19

E - “Rule of Completeness”

Answer 19

If 1 party introduces part of a document or a record of a statement THEN he WAIVES right to OBJECT that same piece of E from other party.