Intro Rules

Question 1

Rule 103

Answer 1

rule for preserving error

only if the error affects a substantial right of the party

Question 2

Rule 104

Answer 2

a. rule for witness competency

b. rule requiring proof be introduced sufficient to support a finding that the fact does exist

Question 3

Rule 105

Answer 3

rule requiring the court to limit evidence to only what is admissible in the case

Question 4

Rule 301

Answer 4

rule for presumptions

• the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption
• burden of persuasion is always with the party who had it originally

Question 5

Rule 401 (a)

Answer 5

rule for relevance of evidence

-tendency to make a fact more or less probable

Question 6

401 (b)

Answer 6

the fact is of consequence in determining the action

Question 7

Rule 402

Answer 7

general admissibility of relevant evidence 
relevant evidence is admissible unless
constitution
statutes
rules 
or other supreme ct rules 
say its not

Question 8

Rule 403

Answer 8

excludes relevant evidence for:
probative value is substantially outweighed by a danger of:
-unfair prejudice
-confusing the issues
-misleading the jury
-undue delay
-wasting time

Question 9

Rule 601

Answer 9

rule on witness competency

everybody is competent

Question 10

Rule 602

Answer 10

witness need personal knowledge

a witness may only testify is evidence is introduced sufficient that it has personal knowledge

Question 11

Rule 603

Answer 11

Oath or Affirmation to Testify Truthfully

before testifying a witness must give an oath or affirmation to testify truthfully

Question 12

Rule 605

Answer 12

judges competency as a witness

the presiding judge may not testify as a witness in a trial

Question 13

Rule 606 (a)

Answer 13

juror’s competency

a juror may not testify as a witness before the other jurors at the trial

Question 14

Rule 606 (b)(1)

Answer 14

a juror may not testify on anything that happened during deliberations when the validity of the trial is challenged

Question 15

Rule 606 (b)(2)

Answer 15

exceptions a juror may testify about

a. extraneous prejudicial info was improperly brought to the jury
b. an outside influence was improperly brought to bear on any juror
c. a mistake was made in entering the verdict on the verdict form