Rule Numbers Flashcards
104
(a) Judge decides Preliminary questions (Bourjilay)
b) jury decides factual questions (huddleston
105
Limiting instruction
401
Relevance Definition
402
Relevant evidence is admissible
403
Unfair Prejudicial evidence is out
404
(a) rule against propensity
(b) prior acts exceptions
405
Methodology (rep/opinion)
406
Habit
407
Subsequent remedial measures are out
408
Compromise/negotiations are out
409
Medical expenses are out
410
Plea discussions are out
411
Liability insurance is out
412
Rape Shield Rule
413
ok to bring in similar crimes in sexual assault cases
414
ok to bring in similar crimes in child molestation cases
415
413/414 applies to civil cases
501
Privilege in general
502
atty/client privilege
606(b)
juror inquiry
607
Any party may impeach a witness
608
methodology for impeaching witness
609
criminal record impeachment
612
writing to refresh
613
extrinsic evidence
701
Lay witness
702
Expert Witness
703
basis of expert testimony
704
Ultimate Issue
705
Rule about underlying facts
801 (a)-(c)
Hearsay definitions
801(d)(1)
consistent/inconsistent/ID statements
801(d)(2)
Statements by party opponents
(A) by opposing party (B) adoptive admission (C) Rep (D) Agent (E) coconspirators
803
general exceptions
Present sense impressions Excited utterances Then existing condition Medical diagnosis/treatment Recorded reccolections Business records Public records
804(a)
Unavailable if:
(1) priv./5th amend
(2) refuses to testify
(3) can’t remember
(4) death/incapacitation
(5) can’t be located
804(b)
Unavailable exceptions
(1) Former testimony
(2) dying declarations
(3) statement against interest
(4) forfeiture
807
General hearsay residual exception