General Provisions-100s Flashcards
What courts do the TRE apply?
TRE apply to all trial courts. (General Sessions, Chancery, Circuit, Criminal, and Juvenile.) Including sentencing and probation revocation, except hearsay is often admitted in these courts
When would the TRE not apply?
TRE would not apply to administrative or legislative proceedings.
TRE’s purpose is ___ ?
TRE’s purpose is to secure the just, speedy, and inexpensive determination of proceedings.
In TRE, a ____ _____ must be affected to predicate an error.
In TRE, a SUBSTANTIAL RIGHT must be affected to predicate an error.
What are the 2 circumstances in which the record must clearly reflect the alleged error?
1) Error predicated on improper ADMISSION of evidence (objection overruled properly.)
2) Error predicated on improper EXCLUSION of evidence (objection sustained improperly).
When and what must a proponent do to create a record of evidence when an objection against the evidence is sustained?
When an objection against admitting evidence is sustained, a proffer must be made to permit the reviewing court to determine whether the ruling was prejudicial error.
What type of motion may be used to resolve important evidentiary questions before the trial?
A MOTION IN LIMINE may be used to resolve important evidentiary questions before the trial.
In order for the evidentiary error to operate as the basis for an appeal, a ________ _____ must be affected.
In order for the evidentiary error to operate as the basis for an appeal, a SUBSTANTIAL RIGHT must be affected.
In order for the plain error doctrine to be satisfied for an appeal, the error must be ______ and ________.
In order for the plain error doctrine to be satisfied for an appeal, the error must be OBVIOUS and FUNDAMENTAL.
What are the 2 ways a proffer for evidentiary purposes, the proponent may be made?
A proffer of evidence may be by 1) QUESTION AND ANSWER, or 2) STATEMENTS.
TRE 105 provides for evidence admitted to be subject to _______ instructions.
TRE 105 provides for evidence admitted to be subject to LIMITING instructions.
The court shall/shall not restrict the evidence for use by other than the purpose for which it was admitted.
Evidence SHALL be used for purposes other than which it was admitted, but SHALL be subject to LIMITING INSTRUCTIONS.
What TRE is allows limiting instructions of evidence?
TRE 105 allows limiting instructions for admitted evidence.
______ _______ may be used as a second line of defense after an attorney has unsuccessfully attempted to exclude evidence.
LIMITING INSTRUCTIONS may be used as a second line of defense after an attorney has unsuccessfully attempted to exclude evidence.
When introducing a partial written or recorded statement, the adverse party may require __________.
An adverse party may require ANY OTHER PARY OR OTHER WRITTEN OR RECORDED STATEMENT WHICH OUGHT TO, IN FAIRNESS, BE CONSIDERED CONTEMPORANEOUSLY WITH THE PART SOUGHT TO BE INTRODUCED.
Define abuse of discretion.
Abuse of discretion: COURT APPLIED AN INCORRECT LEGAL STANDARD
What standard is applied to preliminary questions?
PREPONDERANCE OF EVIDENCE is applied to preliminary questions.
TRE does/does not apply to R. 104 hearings?
TRE DOES NOT apply to 104 hearings
What is a 104 hearing?
A 104 hearing is a hearing to determine the qualifications of a witness, admissibility of evidence, or existence of a privilege. TRE 104
Is the accused subject to c/x during testimony during preliminary matters?
The accused IS NOT subject to c/x during testimony during preliminary matters.
_____________ judges are given discretion whether to apply TRE pursuant to § _____________. By default, TRE does apply to under the Uniform Administrative Procedures Act unless the ALJ determines otherwise.
ADMINISTRATIVE LAW judges are given the discretion whether to apply TRE pursuant to § 4-5-313(1). By default, TRE does apply to under the Uniform Administrative Procedures Act unless the ALJ determines otherwise.
TRE [apply / do not apply] to BPR hearing committees and any subsequent appeals.
TRE APPLY to BPR hearing committees and any subsequent appeals.
When examining children [parents / counsel / both] must be present.
Haines v. Haines, it is reversible error to examine children without counsel present. Parties may be excluded, but not counsel.
Under §4-5-313(1), TRE shall apply to hearings brought under the __________ _________ ___ .
Under §4-5-313(1), TRE shall apply to hearings brought under the UNIFORM ADMINISTRATIVE PROCEDURES ACT.
