General Provisions Rule 101-106 Flashcards
FRE 101: Title?
Scope and Definitions
FRE 101(a):
The FRE applies according to rule 1101
FRE102: Title?
Purpose
What is the Purpose of the FRE
Under 102, the purpose is to “administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.”
FRE103: Title?
Rulings on Evidence
How to Preserve a claim of error?
The error must affect a substantial right, timely object/move to strike, specific ground the objection was made of.
What is the additional requirement to preserve a claim of error if it is an exclusion of evidence?
Offer of proof
When do you need to renew an objection to preserve the appeal?
When/if the court rules definitively
103(d) Inadmissible evidence
The court must conduct trial so that inadmissible evidence is not suggested to the jury by any means
When may a court take notice of an error even if not properly reserved?
If it was a plain error
FRE105: Title?
Limiting Evidence That Is Not Admissible Against Other Parties or for Other purposes
What does FRE 105 do?
Limit evidence to the scope of its admissibility, if it is inadmissible for another reason; Limiting Instructions
FRE104: Title?
Preliminary Questions
When “may [a party] claim error” under 103(a)(2)?
A party may claim error on an evidentiary ruling excluding evidence only if the party informed the court of its substance by an offer of proof.
What is the 103(e) exception for objections?
If there was a plain error affecting the party’s substantial right, the court may reverse
