Overview

Question 1

What is the difference between substantive use & limited use?

Answer 1

• Substantive use
  
  • admissible for the truth
• Limited use
  
  • admissible for a limited purpose not the truth

Question 2

What is the difference between intrinsic & extrinsic evidence?

Answer 2

• Intrinsic
  
  • from the mouth of the witness in cout
• Extrinsic
  
  • from outside

Question 3

What is the difference between proponent & opponent?

Answer 3

• Proponent
  
  • The person sponsoring the evidence.
• Opponent
  
  • The person is challenging the evidence

Question 4

How do you approach an evidence question?

Answer 4

• Spot the issue: Character, Hearsay, Impeachment
• Purpose of the evidence: Truth, Impeachment
• Relevance
• Authenticity
• Competence
• Admission: What rule allows the evidence
• Exclusions: Confrontation Clause, 403

Question 5

What topics are tested heavily in evidence?

Answer 5

• Character - Rule 404 & 405
• Impeachment - Rule 608 & 609
• Heasay - Rules 801 - 807

Question 6

What is the history of the federal rules of evidence?

Answer 6

• adopted in 1975
• more liberal than common law & have the pressumption of admissibility
• rules come into being
  
  • advisory/committee notes
  • Congress pass rules of law which include rules of evidence
• governs all civil & criminal proceedings in fed. ct
  
  • include - bankruptcy & admirality
  • not included - military ct, i.e. ct marshall
• rules do not apply to pretrial & ppost-trial

Question 7

What is the ruling on evidence? (103)

Answer 7

• sets forth the requirements for an appellate ct to reverse a trial cts decision

Question 8

What is required to preserve an issue on appeal when the ruling admits the evidence?

Answer 8

• Ruling admits evidence then:
  
  • objection must be timely
  • oblect must be specific
  • if answered heard - must do a motion to strike
  • general object that is overruled is not preserved

Rule 103

Question 9

What is required to preserve an issue on appeal when the ruling excludes the evidence?

Answer 9

• Ruling exclude evidence then:
  
  • an offer of proof is required
  • UNLESS
    
    • the substance of the evidence was apparent from the context
  • offer of proof made outside presence of jury
  • motion in limine are usually where you brings these issues up

Rule 103

Question 10

What rule do you apply if the error is not prejudicial to the outcome?

Answer 10

• Harmless error rule
  
  • the jury would have reached the same verdict even if the error did not occur
  • a.k.a. - no substantial rights were affected

Rule 103

Question 11

What is the result if no objection is made?

Answer 11

• the evidence is admitted even if it is objectionable

Rule 103

Question 12

When will the admission of evidence be reversed?

Answer 12

• admission of evidence will be reversed if there was Plain error found
  
  • even if there was no onjection
• Plain error found:
  
  • where an error affects the substantial rights of a pty
  • a serious mistake that affects the verdict
  • it is prejudicial, reversable error

Rule 103

Question 13

Examples of plain error

Answer 13

EXAMPLE: The prosecutor makes improper comments regarding the defendant’s failure to testify.

EXAMPLE: A jury instruction given by the trial court that fails to include an element of the crime.

Rule 103

Question 14

Who determines preliminary questions of admissibility (PQA)? (104a)

Answer 14

• they are determined by the cts & include:
  
  • Competency
  • Admissibility - whether a hearsey exception applies
  • Privilege

Question 15

What happens at a hearing for admissibility?

Answer 15

• held outside presence of jury
• judge determines admissibility
• jury assigns the weight
• Standard: preponderence of the evidence
• decision final on the jury
• judge not bound by F.R.E. in determine prelim facts
  
  • EXCEPT for privilege

Question 16

What is conditional relevancy?

Answer 16

• one items relevance is conditioned on the relevancy of another
• Judge looks to see if there is enough evidence to find that the necessary fact existed

Rule 104()

Question 17

Example of conditional relevancy

Answer 17

EXAMPLE: There is a motor vehicle accident. Two cars collide in an intersection. A tire rim is found in a field 400 feet away. There is an expert who is prepared to testify that for that rim to be thrown 400 feet from the point of impact, the defendant’s car had to be going 40 mph. The evidence is relevant only if the tire rim came from one of the cars in the accident. The judge would make the threshold determination of whether the rim came from one of the cars in the accident.

Question 18

How is the admissibility of evidence limited? (105)

Answer 18

If evidence is as to one pty & for one purpose but inadmissible as to another pty & for another purpose:

• Ct shall restrictevidence to its proper scopr AND
• Instruct the jury accordingly
• Counsel must request a limiting instruction
• If Δ testifies on prelim matter, 5th Amnd right aginst self incrim is not waived as to other issues.
  
  • cross examination restricted to just issues from prelim

Question 19

What doe sthe rule of completeness allow? (106)

Answer 19

• It allows an adverse pty to introduce any other part of a writing when one pty introduces part of a writing or recording
• the remainder is admitted when in fairness it ought to be considered in conjunction with the part
• prevents misleading the jury
• avoids the statements being taken out of context
• not applicable to conversations only writings
  
  • does not overcome hearsay unless there is an exception

Question 20

Nancy observed Husband and Patti engage in a hot and heavy love affair. Over the next couple of days, Nancy became outraged at Husband’s firm denial of his affair with Patty. Nancy knew that Patty took the bus to work. One day, Nancy staked out Patti’s bus stop, and while Patti was waiting for the bus, Nancy shot Patti. Patti was pronounced dead upon arrival to the hospital. En route to the hospital, Patti said to one of the emergency room technicians, “Nancy shot me because her husband liked me more than her.” Nancy is now on trial for the murder of Patti.

By whom should the admissibility of Patti’s statement be determined?

(A) The judge, outside the jury’s presence.

(B) The judge, in the jury’s presence.

(C) The jury, based upon the jury’s determination of Nancy’s credibility.

(D) The jury, based upon whether or not Patti knew that she was dying from the gunshot wound.

Answer 20

(A) The judge, outside the jury’s presence.

Question 21

Recap: 1. When considering the harmless error rule, when is an error harmless?

Answer 21

• An error is harmless if it no substantial rights were effected
• Where the jury would have reached the same verdict even if the error did not occur

Question 22

Recap: 2. Give three examples of preliminary facts.

Answer 22

• Competency issues
• Admissibility issues
• Privilege issues

Question 23

Recap: 3. What is the rule of completeness?

Answer 23

The rule of completes provides that if one party admits part of a writing or recording, the adverse pty may immediately introduce any other part of the writing which in fairness ought to be considered in conjunction with it.

Note - this does not overcome hearsay unless there is an exception & it applies to writings