General Provisions Flashcards
Substantive use =
for its truth
-backstage access to Jay-Z concert
Limited use =
not for its truth
-back row of stadium
Intrinsic evidence
from the mouth of the witness in court
The federal rules govern
all civil and criminal proceedings in federal court
≠military courts
When do the federal rules not apply?
7
think “head, body, and tail” of the case: activities at the head and tail the rules are relaxed
a. preliminary questions of fact regarding admissibility;
b. grand jury proceedings;
c. preliminary hearings;
d. sentencing and probation hearings;
e. obtaining a warrant;
f. bail proceedings; and
g. summary contempt.
What must be done in order to preserve an appeal for an admission of evidence
a timely and specific objection must be made
Where a ruling excludes evidence, how to preserve the issue on appeal
An offer of proof must be made outside the presence of a jury
or
Auto preserved if obvious
Motions in Limine are
pretrial rulings on admissibility (e.g., prosecution asks the court to allow it to use a prior felony conviction to impeach defendant
An error is harmless if?
The jury would have reached the same verdict even if the error did not occur
If not objection is made to objectionable evidence, what happens
it will be admitted
What is the only time an objection not being made is appealable
when plain error is found
when is plain error found
a serious mistake that affects the verdict is prejudicial
Preliminary questions of admissibility are things like:
3
CAP
- competency
- admissibility
- whether or not a privilege applies
Hearings on admissibility are held?
outside the presence of the jury
Who determines the admissibility of evidence?
What’s the standard?
The judge uses the preponderance of the standard to evaluate admissibility.
Judge is not bound by rules of evidence except for privilege
