Rules for Quiz Flashcards
FRE 401
“Relevant evidence” is evidence which has any tendency to make the existence of any fact of consequence more probable or less probable
FRE 402
Relevant Evidence is generally admissible; Irrelevant Evidence is Inadmissible
FRE 403
Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or undue delay
FRE 404(a)
Evidence of Character or a character trait is not admissible to prove defendant acted in accordance with it during the time in question.
Criminal Case Exceptions
-If defendant opens the door to character evidence by using it, prosecution has a chance to rebut.
- Defendant can offer evidence of a victims pertinent character trait, protection can then offer evidence to show defendant has same trait and can rebut.
- Homicide case, prosecution can offer evidence of victims trait for peacefulness to refute he was the aggressor.
FRE 404(b)
1: Evidence of a crime, wrong, or other act is not admissible to prove character in order to show in a particular occasion person acted in accordance with that character.
Exceptions
2: Evidence may be admitted for other reasons. PINKO IMP. Plan, Intent, negate accident, knowledge, opportunity, identity, motive, preparation.
FRE 405
A: When a person’s character or character trait is admissible, may only be proven by testimony about reputation or opinion. Specific instances allowed on cross.
B: When character is essential element of the charge, it may be allowed in. Instances are defamation/libel/slander, child custody, entrapment, loss of consortium, negligent entrustment.
FRE 406
Evidence of a person’s habit or routine may be admitted to show that a person acted in accordance in a particular occasion.
FRE 407
Subsequent remedial measures are not admissible to show: negligence. culpable conduct, product defect or design, or a need for warning.
May be admitted to show: ownership, control, or feasibility of precautionary measures.
FRE 408
Compromise offers and negotiations are not admissible, validity or amount need to be in dispute.
May be admitted to show witness bias or prejudice, or as proof of an effort to obstruct a criminal investigation.
FRE 409
Offers to pay medical expenses, furnishing, promising to pay, are not admissible to prove liability for injury.
FRE 410
Pleas, plea discussions, and related statements
A: In civil or criminal case, evidence of a guilty plea later withdrawn, a no contest, or statement made during a proceeding with either of those please is not admissible.
B: Exception: If during a a proceeding, in which another statement is introduced and one made during plea or plea discussions is needed to be considered together.
-In criminal proceeding for perjury or false statement if made under oath with council present.
FRE 411
Liability insurance
Evidence that a person was or was not insured is not admissible to prove negligence or that they acted otherwise wrongfully.
May be admitted to prove, ownership, agency, control, bias, or prejudice.
FRE 412
Sexual behavior or predisposition of the victim is not admissible.
- Exception in crim cases: Evidence of specific sexual conduct to prove someone other than defendant is responsible.
- Evidence of specific instances of victims conduct to prove consent or if offered by prosecution and
- if exclusion would violate defendants constitutional rights
Civil Cases: Court may allow evidence of victim’s sexual history or predisposition if probative value substantially outweighs danger of harm to victim or prejudice to any party
FRE 413
Similar crimes in sexual assault cases
In a criminal case in which the defendant is accused of sexual assault, the court may introduce evidence of any other sexual assaults committed.
FRE 414
Similar crimes in child molestation cases
In a criminal case in which the defendant is accused of child molestation, the court may introduce evidence of any other sexual assaults committed.
FRE 415
Similar cases in civil cases involving sexual assault or child molestation.
In a civil case involving a claim for relief based on a party’s sexual assault or child molestation, the court may admit any past evidence of similar crimes.
FRE 608
A witnesses character for truthfulness or untruthfulness
A: a witnesses credibility may be attacked or supported by testimony about a witnesses reputation for having a character for truthfulness or untruthfulness, or opinion about that character. Evidence of truthful character is only admissible after witness truthful character has been attacked.
B: Except for criminal conviction under 609(a), extrinsic evidence of is not admissible to prove specific instances of conduct to show truthfulness or untruthfulness.
But court may allow on cross them to be inquired into if they are probative or the witness character for truthfulness or untruthfulness of the witness or about another witness who’s character is being cross examined about.
FRE 609
Impeachment by Evidence of Criminal Conviction
1: The general rules apply to attacking a witness’s character for truthfulness by evidence of criminal conviction
- For a crime in the convicting jurisdiction that was punishable by death or by prison term greater than 1 year the evidence.
- Must be admitted in crim or civil case where the witness is not the defendant subject to 403
- Must be admitted in crim case in which the witness is the defendant if it is more probative than prejudicial. Relaxed standard.
- For any crime regardless of punishment if the crime involved a dishonest act or false statement.
Exception to 10 year bar, only if it is substantially more probative that prejudicial.
FRE 104(b)
Relevance that depends on a fact: When relevance of evidence depends on a fact, sufficient evidence supporting that fact must be introduced.
CEC 1108
In criminal action which defendant is accused of sexual offense, past sexual offense are not made inadmissible by 1101 and admissible subject to 352
CEC 1109
In criminal action which defendant is accused of domestic abuse, past evidence of domestic abuse are not made inadmissible by 1101 and admissible subject to 352
CEC 786
Character evidence generally
Evidence of traits of his character other than honesty or veracity or their opposites, is inadmissible to attack or support the credibility of a witness
CEC 788
Prior Felony Conviction
For the purposes of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of judgment that he has been convicted of a felony except
1: A pardon has been granted
2: A certification of rehabilitation and pardon has been granted
3: The accusatory pleading against the witness has been dismissed except when for the same offense in a criminal trial
CEC 789
Evidence of religious belief or lack thereof is inadmissible to attack credibility of a witness
CEC 790
Evidence of good character of a witness is inadmissible unless evidence of bad character has been presented
CEC 780
Testimony; proof of truthfulness
-Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has a tendency in reason to prove or disprove the truthfulness of testimony at hearing. Including but not limited to
a: Demeanor
b: character of testimony
c: recollection, perception , communication
d: the extent of his opportunity to perceive any matter about which he testifies
e: character for honesty or veracity
f: bias, motive, interest
g: A previously made statement that is consistent with testimony
h: inconsistent statement
i: Existence or nonexistence of any fact testified by him
j: attitude
k: admission of untruthfulness
CEC 787
Specific instances of conduct
Subject to 788, specific instances of conduct relevant only to prove character trait are inadmissible to attack or support credibility of witness
CEC 210
Relevant Evidence:
Reverent Evidence is evidence having any tendency in reason to prove or disprove any disputed fact that is of consequence to determination of the action
CEC 350
Only Relevant Evidence Admissible
No evidence is admissible except relevant evidence
CEC 351
Admissibility of Relevant Evidence
Except as otherwise provided by statute, all relevant evidence is admissible
CEC 1101
Evidence of Character to Prove Conduct
A: Except as provided in sections 1102, 1103, 1108, and 1109, evidence of a person’s character or trait is not admissible when offered to prove that conduct on specified occasion.
B: May be offered to prove some fact like PINKO IMP C
Plan, Identity, negate accident, knowledge, opportunity,
intent, motive, preparation, or consent
CEC 1102
Opinion and reputation evidence of character of criminal defendant to prove conduct:
In a criminal action, defendants character in the form of reputation and opinion is not made inadmissible by 1101 if such evidence is.
A: Offered by the defendant to prove his conduct in conformity with that character or trait
B: Offered by prosecution to rebut section A above
CEC 1103
Character Evidence of crime victim to prove conduct; evidence of defendant’s character or trait for violence.
A: In Crim action, evidence of character of the victim for with defendant is being prosecuted is not made inadmissible by 1101 if
1: Offered by defendant to prove conduct of the victim in conformity with that character or trait
2: Offered by prosecution to rebut
B: In crim case, if evidence of victim’s character or trait of violence has been introduced, then the prosecution may introduce evidence of the defendants character or trait for violence
CEC 1151
Subsequent Remedial Conduct
After the occurrence of an event, if remedial or precautionary measures are taken to make event less likely to occur, not admissible to prove negligence or culpable conduct
CEC 1152
Offers to Compromise
Offers to compromise, furnished, or promises to pay are not admissible to prove liability for loss or damage
CEC 1153
Offer to plead guilty or withdrawn plea of guilty by criminal defendant
Evidence of a guilty plea later withdrawn, or an offer to plead guilty is not admissible in a criminal action in a ny proceeding of any nature.
CEC 1154
Offers to discount a claim
Evidence that a person has accepted, or offered, or promised to accept money, act, or service, as well as any statements made in negotiation, is not admissible to prove invalidity of the claim or any part of it
CEC 1155
Liability insurance
Evidence that a person was insured against loss from liability is not admissible to prove negligence or other wrongdoing,
