General Provisions

Question 1

Preserving a Claim of Error (103)

Answer 1

A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and:
(1) if the ruling admits evidence, a party, on the record:
(A) timely objects or moves to strike; and
(B) states the specific ground, unless it was apparent from the context; or
(2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context”

Question 2

Taking Notice of Plain Error (103)

Answer 2

“A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved.”

Question 3

Types of Error

Answer 3

1. Harmless Error - Error raised at trial but did NOT affect a substantial right or likely had no impact on outcome of the case
2. Reversible Error - Error raised at trial, affected substantial right, and had impact on verdict
3. Plain Error - Error NOT properly raised at trial (waived) but so obviously impacted a substantial right and verdict, that TJ should have acted even w/o objection

Question 4

Relevant BUT Rule (104(a))

Answer 4

Evidence is definitely relevant, but other evidentiary problem(s) exists.
(A law/FRE rule other than relevance must be satisfied)
(BOP on Proponent to show other law/rule satisfied by preponderance of the evidence)

Question 5

Conditional Relevance (104(b))

Answer 5

When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist.

The court may admit the proposed evidence on the condition that the proof be introduced later.

(Offered evidence is NOT relevant unless another fact (preliminary fact (PF)) is proven)

Question 6

Limited Admissibility (105)

Answer 6

Evidence usable by TOF for limited purpose ONLY

Can NOT be used for truth, to satisfy an element of the crime / COA

Question 7

Substantive Admissibility (105)

Answer 7

(aka Unlimited admissibility)

Evidence usable by TOF for any proper purpose

Most evidence; “offered for the truth of the matter asserted”

Question 8

Doctrine of Completeness (106)

Answer 8

Applies to a written, recorded, and purely oral, unrecorded statements

Statement sooooooo out of context as to mislead (NOT merely because a contradictory statement exists)

Opponent can offer related/completing statement that clarifies meaning of original statement offered by Proponent

(Key Point: Permits opponent to introduce related/completing statement IMMEDIATELY - during Opponent’s DX/CX!!)

Question 9

Preliminary Questions (104)

Answer 9

The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.