Intro to Evidence

Question 1

Role of Judge

Answer 1

Decides preliminary questions, competency of evidence, and admissibility of evidence. (Credibility of expert witnesses too)

Question 2

Role of Jury

Answer 2

Determines weight and credibility of evidence

Question 3

Challenges to Evidence

Answer 3

• Must affect substantial right of a party and party most notify judge.
• Objection
• Proof of exclusion
• Consequence of definitive ruling
• Plain error rule

Question 4

Completeness Rule

Answer 4

Party introduces part of a writing or recorded statement and the adverse party can compel the introduction of omitted part if it should be considered at the same time. (not required, but can.)

Question 5

Judicial Notice

Answer 5

• Court’s acceptance of a fact as true without requiring formal proof.

Question 6

Jury Instructions & Judicial Notice: Civil Case

Answer 6

Jury must be instructed to accept the noticed fact as conclusive

Question 7

Jury Instructions & Judicial Notice: Criminal Case

Answer 7

Jury must be instructed that it may or may not accept any judicially notice fact as conclusive