Introduction to Evidence

Question 1

Fed. R. Evid. 102:

Answer 1

Why we use Rules of Evidence:
+ Promote seeking of Truth
+ Protect jury form misleading info
- Rules restrict what attys can do in the courtroom
+ Promote legitimacy of trials
+ Eliminate undue delay and promote judicial efficiency
+ Promote a societal interest, e.g. privileges

Question 2

Who wrote the Federal Rules of Evidence?

Answer 2

A Supreme-Court-appointed Advisory Committee and Congress (which codified them in 1976)

Question 3

Evidence means…

Answer 3

… testimony, writings, material objects, or other things presented to the sense that are offered to prove the existence or nonexistence of a fact. Text at 7

Types of Evidence:

• Oral testimony, e.g. fact, expert, and character witnesses;
• Real evidence;
• Documents, e.g. papers, videos, photos;
• Demonstrative evidence;
• Stipulations;
• Judicial Notice;

Certain things are not evidence:

• Statements, arguments, and comments by the lawyers;
• Exhibits that are identified by a party but not offered or received in evidence;
• Objections;
• Testimony and exhibits stricken from the Record; and
• Anything seen or heard outside the courtroom.

Direct v. Circumstantial evidence
- Rules don’t distinguish between the two.

Question 4

Direct Evidence

Answer 4

Evidence ==> Fact

Witness saw Def stab Vict ==> Def stabbed Vict

Question 5

Circumstantial Evidence

Answer 5

Evidence ==> Inference ==> Fact

Def left town after the stabbing ==> Guilty people often flee ==> Def stabbed the victim

Def was washing a bloody knife ==> Few innocent reasons to have bloody knife ==> Def stabbed the Vict

Question 6

The Federal Rules of Evidence apply…

Answer 6

… in all federal courts, including magistrate and bankruptcy judges; and
in civil and criminal cases.

Rules don’t apply in state courts, although many states have adopted similar rules. See Fed R. Evid. 101 & 1101.

Only apply during the trial. R. 1101.

Question 7

Except for those on privilege, Rules do not apply to:

Answer 7

• Preliminary questions of fact (R. 104)
• Grand jury proceedings
• Miscellaneous Proceedings, e.g.
  + extraditions,
  + warrant hearings,
  + preliminary hearings,
  + sentencing hearings,
  + probation or supervised release hearings,
  + bail hearings

Question 8

Demonstrative Evidence

Answer 8

[insert definition here]

Question 9

Real Evidence

Answer 9

[insert definition here]

Question 10

Circumstantial Evidence

Answer 10

[insert definition here]

Question 11

Eyewitness Evidence

Answer 11

[insert definition here]

Question 12

At a cocaine possession trial, a bag of powdered sugar is probably what kind of evidence?

Answer 12

Demonstrative Evidence

Question 13

Stages of a Criminal Trial

Answer 13

1. Indictment
2. Arraignment
3. Pre-trial motions
4. Trial
   a. Jury Selection (if jury trial)
   b. Initial Instructions
   c. Openings
   d. Gov’t Evidence
   e. Motion for Acquittal
   f. D’s Evidence
   g. Gov’t Rebuttal Evid (if any)
   h. Renewal of Motion
   I. Closings
   j. Jury Instructions
   k. Deliberations/Verdict

Question 14

Stages of a Civil Trial

Answer 14

1. Complaint
2. Answer
3. Pre-trial Motions
4. Trial
   a. Jury Selection (if jury trial)
   b. Initial Instructions
   c. Openings
   d. P’s Evidence
   e. Motion for Judgment
   f. D’s Evidence (if any)
   g. P’s Rebuttal Evid (if any)
   h. Renewal of Motion
   I. Closings
   j. Jury Instructions
   k. Deliberations/Verdict