Presentation of Evidence Flashcards
When is judicial notice appropriate?
Court can take judicial notice on own initiative or upon a party’s request
Judicial notice appropriate when:
* fact is** generally known** in the court’s jurisdiction OR
* fact determinable from sources whose accuracy are not questionable
civil: jury must accept fact as conclusive
criminal: jury may or may not accept fact as conclusive
FRE 201
What are the proper jury instructions for judicial notice facts in a criminal case?
Jury may or may not accept the fact as conclusive.
Whare are the proper jury instructions for judicial notice facts in a civil case
Jury must accept the fact as conclusive.
What evidence can the court consider when ruling on the admissibility of evidence?
Under FRE 104, a court is not bound by evidentiary rules (except those concerning privilege) in deciding preliminary questions of fact relating to the admissibility of evidence.
When must a hearing on preliminary questions of fact be conducted outside the presence of the jury?
the hearing must occur outside the presence of the jury if:
* the matter involves the admissibility of a confession
* criminal D is a witness in a hearing on the matter and so requests or
* justice so requires—e.g., when the disputed evidence would prejudice a party if heard by the jury
What are preliminary questions on admissibility (decided by judge/court)?
- expert qualifications
- competency
- chain of custody
- legality of search/seizure
- foundational facts for application of privilege
- foundational facts for hearsay exclusion or exception
- Miranda rights given
- voluntariness of confession
FRE 104
If a court makes a definitive ruling on the admissibility fo evidence, does a party need to renew an objection to preserve the issue for appeal?
No. Once the court makes a definitive ruling on the admissibility of evidence, a party need not renew an objection to the admission of the evidence, even if the ruling was made before the trial began.
