Introduction/Basic Evidence Rules

Question 1

What is the Basic structure of a trial?

Answer 1

1.) Jury Selection

2.) Opening Statements

3.) Plaintiff (or state presents case-in-chief) (Opposing party cross examines)

4.) Defense presents case-in-chief

5.) each side is given chance for rebuttal (and more cross examination)

6.) Closing statements

Question 2

How is evidence generally admitted?

Answer 2

1.) Proponent lays foundation

2.) Proponent moves for admission of evidence

3.) Opponent has opportunity to object

4.) Judge admits or excludes

5.) If admitted, may be published to jury

Question 3

What are the TWO ways to get evidence in Pre-Trial?

Answer 3

1.) Motion in Limine (Pre-trial ruling by judge regarding admissibility)

2.) Stipulation by all parties

Question 4

What are the four types of evidence?

Answer 4

1.) Testimony

2.) writing

3.) Tangible evidence (instrument for the crime, physical evidence, etc.)

4.) Demonstrative Evidence (creative recreations of the events)

Question 5

What does FRE 401 Relevance rules require of evidence?

Answer 5

In order to be relevant, Evidence must have BOTH

1.) Materiality (go to a specific fact or legal issue at dispute)

2.) Probative Value (must make argument more or less probable)

Question 6

What does FRE 402 state as the effect of Relevance?

Answer 6

Relevant evidence may be admitted, UNLESS barred by constitution (Due process, confrontation clause, etc.), Statute, or FRE (hearsay)

Question 7

Is irrelevant evidence ever admitted?

Answer 7

No.

Question 8

What is the FRE 403 Balancing Test?

Answer 8

Whether the risk of harmful effects from a piece of evidence (risk of bias, unfair prejudice, misleading or confusing the jury, causing undue delay or wasting time, or piling on needless cumulative evidence) SUBSTANTIALLY OUTWEIGHS its probative value

i.e. risk outweighs any potential benefit

– More probative value a piece of evidence carries, harder it is to show that the harmful effects outweigh it

Question 9

Does the 403 Balancing test bar all prejudicial evidence?

Answer 9

No. Most evidence is inherently prejudicial against its opponent. Need to specifically show that the probative value is SUBSTANTIALLY outweighed (by in this case, the risk of prejudice)