intro

Question 1

Review and triggers

Answer 1

WHAT: Identify the evidence (WHAT is the evidence?): Testimony, document, etc.

WHERE: Is the case civil or criminal; even better, what is the cause of action, crime or defense involved?

WHO is offering the evidence? Plaintiff, defendant, privilege holder, etc.

WHEN is the evidence being offered? Case-in chief, direct or cross exam, rebuttal?

WHY: Determine the purpose for which the evidence is offered (WHY is it being offered?) - truth, impeachment, etc.

Question 2

substantive v. limited use

Answer 2

substantive use: admissible for and usable by trier of fact for any purpose.

limited use: admissible for and usable by trier of fact for limited purpose

Question 3

proponent v. opponent

Answer 3

proponent: party sponsoring the evidence

opponent: party challenging the evidence

Question 4

direct evidence

Answer 4

requires no inference

ex: A witness testifies “I saw the defendant shoot the victim.”

Question 5

circumstantial evidence

Answer 5

requires an inference

ex: Footprints in the snow showing footprints leading to the door where a newspaper had been placed. Circumstantial evidence used to show that a person delivered the paper.

Question 6

real evidence

Answer 6

would include the murder weapon, the actual written contract or will, the stolen items, and confiscated things

Question 7

demonstrative evidence

Answer 7

evidence that is prepared in anticipation of trial to assist a jury or fact-finder in understanding the facts which are at issue in the case.

ex: Powerpoint presentations, photo enlargements, and scale models.

Question 8

The Federal Rules of Evidence (FRE) apply to what type of proceedings?

Answer 8

All civil and criminal proceedings in federal courts

Question 9

When do the Federal Rules of Evidence not apply?

Answer 9

pre-trial and post-trial

-grand jury proceedings;
-preliminary hearings;
-applying for and obtaining a warrant;
-bail proceedings;
-preliminary questions of fact regarding admissibility;
-sentencing;
-probation violation hearings;
-forfeiture proceedings; and
-summary contempt.

Question 10

motions in limine

Answer 10

Pre-trial motion seeking to exclude certain evidence. Determine admissibility beforehand.

Question 11

In regards to evidence, what does the jury decide?

Answer 11

Weight and credibility of the evidence

Question 12

Under what circumstances can an evidentiary ruling be challenged?

Answer 12

If the ruling affects a substantial right of the party

Question 13

rulings on evidence for appeal

Answer 13

an evidentiary ruling may be reversed by appellate court only if:
1. prejudicial error exists; and
2. a proper objection or offer of proof is made.

Question 14

for rulings admitting evidence

Answer 14

a timely objection or motion to strike must appear of record, and state the specific ground of the objection.

Question 15

motion to strike

Answer 15

an objection made after the answer is given

Question 16

for rulings excluding evidence

Answer 16

an offer of proof must be made on the record

Question 17

offer of proof/ proffer

Answer 17

an oral or written explanation of the excluded evidence that must address the relevancy and the admissibility of such evidence.
*made outside the presence of the jury

Question 18

when no objection was made, and evidence was admitted, reversal will occur only if

Answer 18

plain error is found

Question 19

plain error

Answer 19

an error that affects a substantial right of a party, or a serious mistake that affects the verdict

Question 20

harmless error rule

Answer 20

the jury would have reached the same verdict even if the error did not occur.
-no substantial rights are affected and no relief will be granted

Question 21

Once the court makes a definitive ruling on the record on admissibility, does the party need to renew their objection?

Answer 21

No, even if the ruling was made before the trial commenced

Question 22

waiver of objection

Answer 22

if no objection is made even to objectionable evidence, the objection generally, is waived, and the evidence will be admitted.

Question 23

preliminary question

Answer 23

the determination by the court of the satisfaction of another law or rule of evidence, or on the existence of another fact.
sometimes determines the admissibility of an item of evidence.

Question 24

who determines the admissibility of evidence?

Answer 24

the judge

Question 25

before admitting any relevant evidence, the court must decide:

Answer 25

any preliminary question about whether:
a witness is qualified,
a privilege exists, or
evidence is admissible.

*standard is preponderance of the evidence

Question 26

conditional admissibility

Answer 26

admissibility of one item of evidence conditioned upon relevancy of other evidence

(judge determines whether enough evidence exists to find that necessary fact)

Question 27

limited admissibility

Answer 27

if evidence is admitted for one purpose but inadmissible for another, the court must restrict the evidence to its proper scope and instruct jury accordingly

Question 28

The court must conduct any hearing on a preliminary question so that the jury cannot hear it if:

Answer 28

-the hearing involves the admissibility of a confession;
-a defendant in a criminal case is a witness and so requests; or
-justice so requires.

Question 29

rule of completeness

Answer 29

Where a party introduces part of a writing, recording, or oral statement, the adverse party may immediately introduce any other writing or part of the writing, which, in fairness, ought to be considered in conjunction with it.
-adverse party may do this over a hearsay objection.

*purpose is so that jury doesn’t take something out of context