General Principles

Question 1

Evidence- Shortcut

Whether Evidence is Admissible

Answer 1

Hear PA BROWN- each is an independent basis for excluding evidence

Hear- Hearsay

P-Privilidges

A-Authentication

P-Presumptions (can’t miss these)

P- Procedureal Matters

B-Best Evidence Rule

R- Relevance

O-Opinion Testimony

W- Witnesses

N- Notice (Judicial Notice)

Question 2

Evidence-Obstacles

Answer 2

2 Main Obstacles

ID of participants

• Attorneys
  
  • job is to object (or not) to evidence
  • job is to ask questions
• Fact-finder (jury or judge)
• Judge
  
  • umpire- usually a passive role rather than an active participant

Manner which evidence issues are raised at trial

• Issues have a proponent (seeking to get evidence admitted)
  
  • opponent puts up obstacles by putting forth objections
  • then burden falls to proponent to justify
• Objections must be:
  
  • timely made- immediatly
  • specific- state a ground for objecting (hearsay, privilege communication, etc.)
  • if not, you’ve waived the issue on appeal
  • must make offer of proof for appellate court to review

Question 3

Evidence- General Ideas

Answer 3

• Party offering the evidence is the Proponent
• Evidence rules are inclusionary- rules make exceptions to the inclusionary nature.

Question 4

Types of Evidence

Answer 4

• Oral testimony- through witnesses
• Real evidence- physical evidence that a party claims palyed a direct role in the controversy; must be authenticated
• Documents- any type or writing or recording of information; can be a sub-type of real evidence but some are ‘self-authenticating’
• Demonstrative evidence-sometimes physical but is is not an object that played a role in the disputed events, but rather illustrates concepts or facts to the jury (charts, tables, pictures, maps, graphs,powerpoint, computer simulations, etc.)
• Stipulations-if both parties agree on a fact, they can stipulate it is true. To introduce as evidence, both must agree to the exact language, which the judge reads to the jury.
• Judicial notice-if a fact is indisputably true, the trial judge can take judicial notice of the fact.

Question 5

Motion in limine

Answer 5

Motion ‘at the threshold’

Pretrial motion used to have evidence included or excluded prior to trial and outside the presence of the jury.

Question 6

Motion to supress

Answer 6

motion to supress evidence, not based on a rule of evidence, but because it was illegally obtained

Question 7

Motion for summary judgment

Answer 7

motion for judgment because there is no genuine issue of material fact for a fact-finder to hear so the case may be determined as a matter of law.

• this motion depends on evidence in the case, which requires the judge to make evidentiary rulings