Presentation Of Evidence

Question 1

What are the judges and juror role?

Answer 1

Judge decide question of law
Jurors decide question of fact

Question 2

What must occur to challenge and evidence ruling?

Answer 2

must affect a substantial right of a party AND
must notify the judge of error for an opportunity to correct

Question 3

How to notify a judge of error?

Answer 3

Objection if evidence is admitted
Offer of Proof if evidence is excluded

do not need to renew challenge once definitive ruling is made

Question 4

What is the plain error rule and what is is applicability?

Answer 4

exception that applies if you don’t give the court notice of mistake through objection or offer of proof

error that was obvious on its face appellate court can reverse

Question 5

What is completeness rule?

Answer 5

for partial introduction of evidence, an adverse party may compel introduction of omitted portion to help explain evidenced

ex: document

Question 6

What is judical notice?

Answer 6

courts acceptance of the facts as true

adjudicative facts (facts not heard by jury) subject to judicial notice if fact i not subject of reasonable dispute

Question 7

How does judicial notice affect jury in criminal and civil cases?

Answer 7

civil: must be instructed to accept notice as conclusive
criminal: instructed that it may or may not accept

Question 8

What is the scope of direct examination?

Answer 8

cant ask leading questions unless

setting up preliminary/background information
witness has trouble communicating (child, elderly, anxious)
hostile witness

Question 9

What is the scope of cross examination?

Answer 9

leading questions permitted

only discuss what occurred on direct

Question 10

What are improper questions to ask?

Answer 10

Can all aliens carry real legs?

Compound
assumes facts not in evidence
argumentative
calls for conclusion/opinion
repetitive
lack of foundation

Question 11

When can you no exclude witnesses?

Answer 11

natural party to the case
representative of the natural party to the case
person essential to a party presentation
presence is permitted by statute (victim)

Question 12

BOP?

Answer 12

production: must produce legally sufficient evidence for each element of a claim such that reasonable trier of fact could infer the alleged fact has been proven

persuasion: in civil cases preponderance of evidence, in criminal beyond a reasonable doubt

Question 13

What are the presumptions?

Answer 13

rebuttable shifts the burden of production only
conclusive cant be challenged by contrary evidence

Question 14

When does FRE not apply?

Answer 14

1. preliminary question the courts answers about admissibility
2. grand jury proceedings
3. issuance of search warrant
4. preliminary examination in criminal case
5. sentencing,
6. extradition
7. granting or revoking probation