General Provisions Flashcards

1
Q

Objections must be

A

timely and specific
(General - no need to specify)
(Specific - state grounds)

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2
Q

When a ruling excludes evidence, an offer of proof is required unless,

A

the substance of the evidence was apparent from the context

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3
Q

Harmless Error Rule

A

jury would have reached the same verdict even if the error did not occur; no substantial rights affected

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4
Q

Plain Error Rule

A

an error that affects a substantial right of a party, or a serious mistake that affects the verdict. (prejudicial, reversable error)

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5
Q

Conditional Relevancy (admissibility)

A

Admissibility of one item of evidence conditioned upon relevancy of other evidence (judge determines whether enough evidence exists to find that necessary

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6
Q

Limited Admissibility

A

f evidence is admitted for one purpose but inadmissible for another, the court must restrict the evidence to its proper scope and instruct the jury accordingly (counsel must request the instructio

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7
Q

Rule of completeness

A

s: Where one party introduces part of a writing/recording (doesn’t apply to conversations), the adverse party may immediately introduce any other writing or part of the writing, which, in fairness, ought to be considered in conjunction with

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8
Q

Judicial Notice types

A

Commonly known facts AND facts that are capable of accurate and ready determination by resort to sources of unquestionable accuracy.

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9
Q

Judicial notice is mandatory if

A

requested by a party and supplied w/ necessary info.

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10
Q

effect of a jury instruction on judicial notice ***

A

civil jury: must accept fact as true

crim jury: may accept fact as true.

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