Introduction of Evidence Flashcards
Who Decides Whether Evidence is Admissible?
Judge
Since it is a question of law
When FRE Do Not Apply
When court is making preliminary factual decisions
When Preliminary Hearings Must Be Conducted Outside Presence of Jury
(3)
(1) Issue is admissibility of a confession in a criminal trial
(2) D in a criminal case is a witness and makes request
(3) Interests of justice require it
Who Decides Weight and Credibility of Evidence?
Jury
Challenging Evidentiary Ruling on Appeal
Can only be done if:
(1) SUBSTANTIAL RIGHT of party affected; and
(2) JUDGE NOTIFIED of mistake at trial
Plain Error Rule
Error that was obvious on its face
If affects substantial right, then grounds for reversal even without challenge
Notifying Court of Error
2 Ways
(1) Objection
(2) Offer of Proof
Objection
If court has ADMITTED evidence that should have been excluded, must object and explain why the evidence should have been excluded
Offer of Proof
If court EXCLUDES evidence that should have been admitted, must make an offer of proof on the record
Offer of proof = explain to court what the evidence would have been and why it should have been admitted
Limited Admissibility Rule
Evidence may be admissible for one purpose, but not for another purpose
Court gives jury a limiting instruction
Completeness Rule
If party introduces part of a written statement, opposing party may introduce other portions of that statement necessary to put admitted portion into perspective
Judicial Notice
Court’s acceptance of a fact as true without requiring formal proof
Ex: NYC is north of Miami
Judicial Notice in Civil Case
Jury MUST accept fact as proven
Judicial Notice in Criminal Case
Jury MAY (but need not) find that fact
