General Provisions & Relevance

Question 1

Rule 103: Rulings on Evidence

Answer 1

preserving claims of error, plain error can be reversed even if not preserved through objection

Question 2

104: Preliminary Questions

Answer 2

Judge’s discretion - court has the power to declare evidence admissible or not

Question 3

401: Test for Relevant Evidence

Answer 3

Evidence is relevant if it makes a fact more or less probable
Must have logical and material relevance to have legal relevance

Question 4

Rule 402: General Admissibility of Relevant Evidence

Answer 4

Relevant evidence is admissible, irrelevant evidence is not admissible

Question 5

Rule 403: Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons

Answer 5

Balancing test - evidence is inadmissible if probative value is substantially outweighed by danger of unfair prejudice
Also - confusing of issues, misleading jury, undue delay, wasting time, or needlessly presenting cumulative evidence
Also - consider availability of other forms of proof

Question 6

Rule 404: Character evidence

Answer 6

prohibition on character evidence to show propensity, can be brought in to show opportunity or motive

Question 7

Rule 404 (Character evidence) exceptions (2)

Answer 7

only criminal defendant can bring in evidence of their character, then prosecutor may bring evidence regarding that same characteristic

in homicide case - prosecutor may offer evidence of victim’s trait of peacefulness to rebut evidence that victim was first aggressor

Question 8

Rule 404: Other Crimes, Wrongs, Acts

Answer 8

prohibited - when used to show a someone acted in accordance with character
permitted - for showing motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, lack of accident

Question 9

405: Methods of Proving Character

Answer 9

character proven by testimony of reputation or opinion. on cross examination of the witness, you can ask about specific instances

specific instances of conduct - when a person’s character or character trait is an essential element of a charge, claim, or defense the trait may be proved by relevant specific instances

Question 10

Rule 406: Habit

Answer 10

may be admitted to prove action in accordance with the habit

Question 11

Rule 406: Routine Practice

Answer 11

may be admitted to prove action in accordance with a routine practice

Question 12

Rule 407: Subsequent Remedial Measures

Answer 12

not admissible to prove negligence, culpable conduct, defect in product or design, need for warning or instruction
admissible - proving ownership, control, feasibility of precautionary measures

Question 13

Rule 408: Compromise Offers and Negotiations

Answer 13

prohibited uses - negotiations to settle the claim

exception - to show bias, negating contention of undue delay, proving an effort to obstruct criminal investigation

Question 14

Rule 409: medical payments and liability

Answer 14

evidence of paying, promising or offering to pay medical, hospital or similar expenses is not admissible to prove liability

Question 15

Rule 410: Criminal Settlements

Answer 15

withdrawn guilty please are inadmissible

410 can be waived and there is no limit to the waiver

Question 16

Rule 411: Liability Insurance

Answer 16

evidence that a person was or was not insured is not admissible to show negligence or other wrongful behavior
admissible to show bias or agency, ownership, control

Question 17

Rule 412: Sex-Offense Cases: The Victim

Answer 17

prohibited uses - evidence offered to prove the victim engaged in other sexual behavior, evidence offered to prove a victim’s sexual predisposition

Question 18

Rule 412: Sex Offense Cases: The Victim, criminal exceptions

Answer 18

criminal: specific instances to prove someone other than the defendant was the source of semen, injury; specific instances with defendant to prove consent; evidence whose exclusion would violate defendant’s constitutional rights

Question 19

Rule 412: Sex Offense Cases: the victim, civil exceptions

Answer 19

civil: if probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party;
evidence of victim’s reputation only admitted if victim has placed it in controversy