General Provisions Flashcards
Objections must be
timely and specific
(General - no need to specify)
(Specific - state grounds)
When a ruling excludes evidence, an offer of proof is required unless,
the substance of the evidence was apparent from the context
Harmless Error Rule
jury would have reached the same verdict even if the error did not occur; no substantial rights affected
Plain Error Rule
an error that affects a substantial right of a party, or a serious mistake that affects the verdict. (prejudicial, reversable error)
Conditional Relevancy (admissibility)
Admissibility of one item of evidence conditioned upon relevancy of other evidence (judge determines whether enough evidence exists to find that necessary
Limited Admissibility
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
Rule of completeness
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
Judicial Notice types
Commonly known facts AND facts that are capable of accurate and ready determination by resort to sources of unquestionable accuracy.
Judicial notice is mandatory if
requested by a party and supplied w/ necessary info.
effect of a jury instruction on judicial notice ***
civil jury: must accept fact as true
crim jury: may accept fact as true.