Relevance

Question 1

What is the threshold question in the law of evidence?

Answer 1

Relevance

Question 2

According to FRE 401, evidence is relevant if: (determined by 2 requirements)

Answer 2

1) it has any tendency to make a fact more or less probable than it would be without the evidence (sheds light on an issue)
2) the fact is of consequence in determining that action (its an issue in the case)

Question 3

According to FRE 402, what is the general admissibility of relevant evidence?

Answer 3

Relevant evidence is admissible UNLESS any of the following provide otherwise:

1) U.S. Constitution,
2) Federal statute,
3) these rules,
4) other rules prescribed by the supreme court.

Question 4

Under FRE 402, when is irrelevant evidence admissible?

Answer 4

Never

Question 5

According to FRE 403, when is relevant evidence excluded?

Answer 5

In order to preserve the fairness of a trial the court. may exclude relevant evidence if the probative VALUE is substantially outweighed by the DANGER of one or more of the following:

1) unfair prejudice
2) confusing the issue
3) misleading the jury
4) undue delay
5) wasting time
6) needlessly presenting cumulative evidence

Question 6

In regards to the 403 balancing test, what is value?

Answer 6

Probative value (aka relevance)

How much light the proffered evidence sheds on an issue

Question 7

In regards to the 403 balancing test, what is Danger?

Answer 7

The risk posed by admitting the proffered evidence

Question 8

When the value outweighs danger, FRE 403 says that evidence is (Admitted or Excluded)?

Answer 8

Admitted

Question 9

When the value balances danger, FRE 403 says that evidence is (Admitted or Excluded)?

Answer 9

Admitted

Question 10

When the danger outweighs value, FRE 403 says that evidence is (Admitted or Excluded)?

Answer 10

Admitted

Question 11

When the danger substantially outweighs value, FRE 403 says that evidence is (Admitted or Excluded)?

Answer 11

Excluded

Question 12

What two questions do FRE 404 answer?

Answer 12

404(a) when is character evidence admissible?

404(b) when is evidence of other behavior admissible?

Question 13

What character evidence is PROHIBITTED under FRE 404(a)(1)?

Answer 13

Use of character to prove conduct on a particular occasion is not admissible

Question 14

Does FRE 404(a)(1) apply to criminal cases, civil cases, or both?

Answer 14

Applies ONLY to criminal cases

Question 15

What character evidence is PERMITTED under FRE (a)(2)?

Answer 15

(A) D may offer evidence of his own character, the prosecutor may offer evidence to rebut

(B) Subject to FRE 412, D may offer evidence of victim’s trait, the prosecutor may offer evidence to rebut or of D’s same trait

Question 16

What is the exception to character evidence according to FRE 404(a)(3)?

Answer 16

Evidence of Witness’s character may be admitted under FRE 607-09

Question 17

According to FRE 404(b)(1) when is the use of other crimes PROHIBITED?

Answer 17

Use of evidence of a crime, wrong, or other act to prove a person’s character to show that on a particular occasion they acted in accordance with the character is not admissible.

Question 18

According to FRE 404(b)(2) when is the use of other crimes PERMITTED?

Answer 18

Evidence may be admissible for another purpose such as to prove:

1) motive
2) opportunity
3) intent
4) preparation
5) plan
5) knowledge
6) identity
7) identity
8) absence of mistake
9) lack of accident

Question 19

On request by a defendant in a criminal case, what must the prosecutor do under FRE 404(b)(2)(A) and (B)

Answer 19

(A) Provide reasonable notice of the general nature of any evidence they intend to offer at trial

(B) Do so before the trial, or during the trial if the court, for good cause, excuses lack of pretrial notice.

Question 20

What are other behaviors?

Answer 20

Behavior other than the behavior the defendant is charged with

Question 21

Rule 404(b)(1) applies only to what type of Evidence?

Answer 21

Extrinsic

Question 22

What are the 3 requirements for Extrinsic evidence (other crimes)?

Answer 22

1) Must be relevant to some issue other than character
2) Necessary to prove an element of the crime charged
3) Must be shown to be reliable

Question 23

Evidence may be INTRINSIC to the charged offense for any of what 5 reasons?

Answer 23

1) It’s part and parcel of the charged offense
2) It arises out of the same transaction or series of transaction as the charged offense
3) It’s part of a single, ongoing criminal episode
4) It’s extrinsically intertwined with evidence of the charged offense
5) It’s necessary to complete the picture of the charged offense.

Question 24

Government’s offer of evidence of an uncharged offence

Answer 24

Prior bad acts and/or subsequent bad acts regardless of whether D was convicted, acquitted, or ever even charged.

Question 25

What 2 questions does FRE 405 answer?

Answer 25

1) In those limited instances where character evidence is admissible, when may it take the form of reputation or opinion evidence?
2) In those limited instances where character evidence is admissible, when may it take the form of specific instances of conduct?

Question 26

Under FRE 405(a) how can character be proven by Reputation or Opinion?

Answer 26

On direct examination of a character witness, the proponent may ask:

1) The witness’s own opinion of D character
2) D’s Reputation

On cross-examination, the opponent is allowed to ask:
Relevant specific instances of D’s conduct to test the witness’s knowledge and credibility

Question 27

Under FRE 405(b) how can character be proven by specific instances of conduct?

Answer 27

When a person’s character or character trait is an essential element of a charge, claim or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.

Question 28

When is admission of evidence not okay under FRE 405?

Answer 28

D calls witness to testify to relevant specific instances of conduct (behavior)

Question 29

(FRE 413,414,415,) in sex cases, can the trial judge admit evidence of D’s prior sexual misconduct? Why?

Answer 29

Yes

It is admitted to prove D’s “lustful disposition” and “proclivity” to commit the charged sexual offense

Question 30

What are the 2 requirements for FRE 407 (subsequent remedial measures)

Answer 30

1) There is an injury

2) Steps are later taken that would have made the earlier injury less likely

Question 31

According to FRE 407 when is evidence of subsequent remedial measures PROHIBITED?

Answer 31

Evidence of subsequent remedial measures is not admissible to prove negligence

Question 32

According to FRE 407 when is evidence of subsequent remedial measures PERMITTED?

Answer 32

Evidence of subsequent remedial measures is admissible to prove such disputed points as:

1) ownership,
2) control, OR
3) feasibility of precautionary measures

Question 33

What is the rule on Habit according to FRE 406?

Answer 33

Evidence of a person’s habit may be admitted to prove that on a particular occasion the person acted in accordance with the habit

Question 34

Under FRE 406, must evidence be corroborated to be admissible?

Answer 34

No, evidence is admissible even though it is not corroborated

Question 35

Under FRE 406, may evidence be admitted even though there is an eyewitness to the person’s behavior on the particular occasion in question?

Answer 35

Yes, evidence is admissible even though there’s an eyewitness

Question 36

What is the Common Law approach to compromise offers and negotiation?

Answer 36

Distinct admission made in the course of settlement negotiations are admissible

Question 37

What is the FRE 408 approach to compromise offers and negotiations?

Answer 37

Such statements are inadmissible to prove validity or amount of disputed claim