midlands rules of evidence

Question 1

803 (8)

Answer 1

public record exception to hearsay

Question 2

702 (a)

Answer 2

degrees/certifications for expert witness

Question 3

404 (b)

Answer 3

action evidence portion of character evidence (admissible in civil cases)

Question 4

702 (c)

Answer 4

reliable method prong of expert witness certification

Question 5

401

Answer 5

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

Question 6

403

Answer 6

more prejudicial than probative/needlessly cumulative

Question 7

602

Answer 7

lack of foundation

Question 8

602

Answer 8

assumes facts not in evidence

Question 9

602

Answer 9

speculation (enter the mindset, outside of rationally based perception)

Question 10

701 (c)

Answer 10

laywitness testifying to specialized knowledge or expertise

Question 11

702 (b)

Answer 11

sufficiency of evidence

Question 12

702 (d)

Answer 12

reliable application of method expert witness prong

Question 13

703

Answer 13

experts can testify to inadmissible evidence (reverse 403, highest burden of proof in mock trial)

Question 14

703

Answer 14

experts can testify to inadmissible evidence (reverse 403, highest burden of proof in mock trial)

Question 15

704

Answer 15

experts can’t testify to intent

Question 16

705

Answer 16

experts can come to a conclusion without stating their entire process

Question 17

801

Answer 17

hearsay is inadmissible

Question 18

801 D) 2a

Answer 18

statements made by party opponent are not hearsay

Question 19

effect on listener, subsequent action, knowledge

Answer 19

non-truth purposes of hearsay

Question 20

803

Answer 20

exceptions to hearsay

Question 21

803 (1)

Answer 21

present sense impression

Question 22

803 (3)

Answer 22

state of mind

Question 23

803 (4)

Answer 23

statements made for a medical treatment or diagnosis

Question 24

804 b) 2

Answer 24

unavailable witness, imminent death exception

Question 25

803 (17)

Answer 25

commercial publication used by members of the public or by those in a specific occupation

Question 26

404 (a)

Answer 26

trait evidence is inadmissible to prove that a person acted on the instance in question according to the trait

Question 27

608

Answer 27

exception to rule 404 (a): you can use character evidence for truthfulness/credibility

Question 28

801 D) 1a

Answer 28

statements used for impeachment are not hearsay

Question 29

questions, commands

Answer 29

statements that have no truth value