General Provisions

Question 1

Rulings on Evidence: Admitted Evidence

Answer 1

a) Where a ruling admits evidence, must make timely and specific objection to preserve issue for appeal.
i) If answer has already been heard, motion to strike is required
ii) A general objection (“I object”) is insufficient to preserve the issue for appeal

Question 2

Rulings on Evidence: Excluded Evidence

Answer 2

b) Where a ruling excludes evidence, an offer of proof is required unless the substance of the evidence was apparent from the context
i) If the error is not prejudicial to the outcome, the harmless-error rule applies
(1) Harmless error = the jury would have reached the same verdict even if the error did not occur; no substantial rights are affected

ii) If no objection was made and the evidence was admitted, reversal will occur only if plain error is found
      (1) Plain error = an error that affects a substantial right of a party, or a serious mistake that affects the verdict (i.e., prejudicial, reversible error)

Question 3

Preliminary Questions: What is the Judge’s role?

Answer 3

Judge determines admissibility; jury assigns the weight (preponderance of the evidence)

Question 4

Preliminary Questions: Conditional Relevancy

Answer 4

b) Conditional Relevancy (Admissibility)
i) Admissibility of one item of evidence conditioned upon relevancy of other evidence (judge determines whether enough evidence exists to find that necessary fact)

Question 5

Preliminary Questions: Limited Admissibility

Answer 5

c) Limited Admissibility
i) If 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 instruction)

Question 6

Preliminary Questions: 5th Amendment Rights

Answer 6

d) Testifying on a preliminary matter doesn’t waive Fifth Amendment privilege against self-incrimination as to other issues
i) Cross-examination is limited to the scope of the preliminary issue(s)

Question 7

Remainder of Related Writings or Recorded Statements

Answer 7

Rule of Completeness: 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 it