midlands rules of evidence Flashcards
803 (8)
public record exception to hearsay
702 (a)
degrees/certifications for expert witness
404 (b)
action evidence portion of character evidence (admissible in civil cases)
702 (c)
reliable method prong of expert witness certification
401
relevance. does the information make any fact of the case more/less probable, or go to prove bias/credibility? the bar for relevance is low
403
more prejudicial than probative/needlessly cumulative
602
lack of foundation
602
assumes facts not in evidence
602
speculation (enter the mindset, outside of rationally based perception)
701 (c)
laywitness testifying to specialized knowledge or expertise
702 (b)
sufficiency of evidence
702 (d)
reliable application of method expert witness prong
703
experts can testify to inadmissible evidence (reverse 403, highest burden of proof in mock trial)
703
experts can testify to inadmissible evidence (reverse 403, highest burden of proof in mock trial)
704
experts can’t testify to intent
705
experts can come to a conclusion without stating their entire process
801
hearsay is inadmissible
801 D) 2a
statements made by party opponent are not hearsay
effect on listener, subsequent action, knowledge
non-truth purposes of hearsay
803
exceptions to hearsay
803 (1)
present sense impression
803 (3)
state of mind
803 (4)
statements made for a medical treatment or diagnosis
804 b) 2
unavailable witness, imminent death exception
803 (17)
commercial publication used by members of the public or by those in a specific occupation
404 (a)
trait evidence is inadmissible to prove that a person acted on the instance in question according to the trait
608
exception to rule 404 (a): you can use character evidence for truthfulness/credibility
801 D) 1a
statements used for impeachment are not hearsay
questions, commands
statements that have no truth value
