Introduction and Relevance

Question 1

What is evidence?

Answer 1

testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

Statements, arguments, questions and comments by the lawyers are not evidence.

Question 2

What is circumstantial evidence?

Answer 2

requires an inference to link the defendant to the crime (not a direct showing of an act)
• Legally, circumstantial evidence weighs the same as direct evidence.

Question 3

What is demonstrative evidence?

Answer 3

something a lawyer uses to show the jury what happened, reconstruction of something. Illustrates concepts or facts to the jury.

Question 4

What is direct evidence?

Answer 4

something that is directly linked to the criminal act. E.g. - the murder weapon, an eyewitness to the actual murder.

Question 5

What is real evidence?

Answer 5

physical evidence - the murder weapon. Eyewitness is not real evidence.

Question 6

What is a motion to strike?

Answer 6

object to evidence that is already in the record.

Question 7

What is a motion in limine?

Answer 7

“at the threshold”, done pre-trial to request certain evidence be admitted or excluded at trial. Allows the attorney to know what evidence will be put forth in trial before the trial starts.

Question 8

What are the two steps to preserve a claim of error and dispute evidence at trial?

Answer 8

1. the party must timely object or move to strike, and
2. state the specific ground, unless it was apparent from the context.

Rule 103

Question 9

What is the test for relevant evidence?

Answer 9

Evidence is relevant if:
1. It has any tendency to make a fact more or less probable than it would be without the evidence; and
2. The fact is of consequence in determining the action.
• Very broad definition allows almost anything to be admitted into evidence, even if it will have only a slight effect.

Rule 401

Question 10

What is the rule on limiting evidence?

Answer 10

Rule 105. Limiting Evidence that is not Admissible Against Other Parties or for other Purposes.
• On a timely request, the court must restrict the evidence to its proper scope.

Question 11

If one party stipulates to a fact, what is the result?

Answer 11

One Party stipulating to a fact does not destroy relevance. Neither party is required to stipulate to facts and can still prove their case through probative evidence. (Old Chief)
• Parties should be able to tell a coherent story.

Question 12

What are the three key things to remember regarding relevance?

Answer 12

• Only relevant evidence is admissible
• Relevance rests on the legal case
• Battles over relevance help shape new legal claims and defenses.