Presentation of Evidence

Question 1

What are the different burdens and presumptions?

Answer 1

1. Burden of Production
2. Burden of Proof

Civil Cases
- Preponderance of the evidence
Criminal Cases
- Reasonable doubt

Rebuttable presumption: shifts burden of production but not persuasion.

Destruction of Evidence: Presumption it was adverse to party.

Question 2

What is judicial notice?

Answer 2

Facts not subject to reasonable dispute because
- Generally known in territorial jurisdiction or accurately and reliably determinable by sources who accuracy cannot be reasonable questioned.

Question 3

What is the rule of completeness?

Answer 3

Rule 106

If a party introduces part of a written statement, the opposing party may introduce other portions that are necessary for perceptive.

Question 4

What is limited admissibility?

Answer 4

Rule 105

evidence may be admitted for one purpose but not another.

Limiting instruction.

Question 5

When can an evidentiary ruling be reversed on appeal?

Answer 5

A substantial right of a party has been affected (not harmless error)

AND

The judge was notified of the mistake at trial and given a chance to correct it.

Plain error rule.

Notify court by object (if admitted) or offer of proof (if not admitted).

Question 6

When are preliminary hears conducted outside the jury’s presence?

Answer 6

Issue is admissibility of confession in a criminal trial.

When the defendant in a criminal case is a witness and makes that request.

When interests of justice so require.

Question 7

For preliminary factual questions, is the court bound by the FRE?

Answer 7

No.

Question 8

What kind of questions does a judge and jury answer?

Answer 8

Judge: Questions of law and evidence admissibility and qualifications of witness.

Jury: Questions of fact.