General Provisions Flashcards
What is the scope of the Federal Rules of Evidence?
They apply in all federal civil and criminal cases, including bankruptcy proceedings.
They do not apply to: preliminary determinations of fact by judges; grand jury proceedings; probation and sentencing hearings; obtaining a warrant; bail proceedings; or other proceedings that Congress has exempted.
What is the analysis of appellate review of trial court admissions or exclusions?
An evidentiary ruling may be reversed for error only if:
- prejudicial error exists - When a substantial right is found then prejudicial error has occurred.
- proper objection or an offer of proof is made - There must be a timely objection. The objection must state the precise legal ground which it is based. If a ruling excluded evidence, an oral or written explanation of the excluded evidence must be made on the record. The proffer must address relevancy and admissibility of such evidence.
FRE 103.
What are preliminary facts and what rules govern them?
The proponent f the evidence has the burden to establish preliminary facts such as competency, qualification of witnesses, unavailability, or privilege by a preponderance of the evidence.
The trial judge makes a preliminary factual determination on admissibility. The jury determines the weight and credibility of the evidence.
When making determinations, a judge is not bound by the rules of evidence except for privilege.
FRE 104(a).
What is conditional relevancy?
If the relevance of a particular piece of evidence depends on a particular finding of fact by the jury, the court will admit the evidence, as long as the judge determines that a reasonable jury could find the necessary fact, with the instruction to the jury to disregard the evidence absent a finding of the required fact.
FRE 104(b).
What happens to the jury during a question of admissibility?
The trial judge is given discretion to excuse the jury while determining the admissibility of a preliminary fact whenever evidence may have a prejudicial impact.
FRE 104(c).
What if a D testifies on an issue of admissibility?
The accused does not waive his Fifth Amendment privilege against self-incrimination as to other issues in the case.
FRE 104(d).
What is limited admissibility?
If evidence is admitted as to one party or for one purpose, but is inadmissible as to another party or for another purpose, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
FRE 105.
What is the rule of completeness?
If one party introduces a writing or recorded statement, the adverse party may reuire the introduction, at that time, of any other part or any other writing or recorded statement that in fairness ought to be considered at the same time.
FRE 106.
