General provisions Flashcards
prelim determinations of fact by a J: FRE apply?
nope
GJ proceedings: FRE apply?
nope
Probation & sentencing proceedings: FRE apply?
nope
getting a warr: FRE apply?
nope
bail proceedings: FRE apply?
nope
For an ev ruling to be reversed on appeal for error, D must show
1) prejudicial error exists (harmless error test)
AND
2) if saying improper admission: proper objection
OR
if saying improper exclusion, proffer on the record of what the W would have said
___ bears the burden to _____ by ____ ; ____ decides ___ and ___ decides ___.
the party seeking admission bears the burden to establish preliminary facts such as competency, qualification of Ws, unavailability or priv by a prep of the ev. J makes a prelim factual determination of admissibility of ev.
Jur decides weight and credibility of the ev.
if 1 party introduces a writing or recorded statement or part thereof, the adverse party may–
req the introduction of any other part that in fairness ought to be considered at the same time.
Rule of completeness.