Rules of Evidence

Question 1

401

Answer 1

Probative; material. More or less probable and of consequence in determining the action.

Question 2

402

Answer 2

Irrelevant evidence inadmissible

Question 3

403

Answer 3

evidence may be excluded if probative value substantially outweighed by danger of unfair p, confusing the issues, misleading jury, undue delay, wasting time, or needlessly presenting cumulative evidence

Question 4

Stipulation?

Answer 4

May be okay in some cases but generally the party offering to stipulate will lose because each side is entitled to make its own case

Question 5

Specialized relevance rules method

Answer 5

401, then specialized rule, then 403

Question 6

407

Answer 6

Bar subsequent remedial measures to prove negligence, culpable conduct, product defect, or need for warning

Question 7

408

Answer 7

Compromises barred to prove validity or amount of claim. Extends to statements made during negotiations and not just the offer itself

Question 8

409

Answer 8

furnishing, promising to pay, or offering to pay medical hospital, or similar expenses resulting from injury is not admissible to prove liability for the injury.

Question 9

Difference between medical expenses and negotiations

Answer 9

medical: only the offer to PAY is protected, NOT any other surrounding conversation or admission of fault, or apologies. 408 assumes more conversation around a negotiation is required to achieve the settlement

Question 10

411

Answer 10

Liability insurance - evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully

Question 11

410

Answer 11

Pleas, guilty pleas later withdrawn, nolo contendere pleas and discussions relating to withdrawn guilty please and nolo contendere please are not admissible against a defendant in a criminal case

Question 12

410 Difference from other rules

Answer 12

Evidence under this rule is inadmissible for any purpose except for those explicitly stated in the rule

Question 13

404(a)

Answer 13

character evidence; cant use it to prove person was acting in accordance with trait

Question 14

404(a) exceptions

Answer 14

1. defendant and pertinent trait, defendant offering victim’s pertinent trait, homicide cases victim trait of peacefulness to rebut evidence that was first aggressor, witness character under 600 rules

Question 15

404(b)

Answer 15

crimes, wrongs, other acts not admissible to go thru propensity box but admissible to show other stuff under 404(b)(2)

Question 16

Admissible purposes crimes, wrongs, other acts

Answer 16

motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, lack of accident. 404(b)(2)

Question 17

Forms of unfair prejudice under 404

Answer 17

risk that the jury will give excessive weight to defendant previous action and could take history as reason enough to be punished

Question 18

404 process

Answer 18

401, 404, 403, then if 403 does not save you, ask for limiting instruction

Question 19

Huddleston

Answer 19

just 104(b) conditional relevance - judge decides jury can find by a preponderance that condition was met

Question 20

413

Answer 20

criminal case, admit evidence that d committed any other sexual assault

Question 21

414

Answer 21

criminal case, admit evidence child molestation

Question 22

415

Answer 22

civil case, may admit sexual assault or child molestation past conduct

Question 23

How to prove character?

Answer 23

405 - by direct testimony opinion or reputation. ON CROSS - specific instances

Question 24

When can character be proved by specific instances of conduct?

Answer 24

On cross-examination of a character witness, when a person’s character is essential element of the crime (applies in limited circumstances)

Question 25

406 Habit

Answer 25

habit admitted to prove acting in accordance w/ habit. predictable conduct

Question 26

Non-character forms of impeachment

Answer 26

Bias, contradictions, inconsistent statements (you are lying NOW but are not always a liar)

Question 27

Modes of impeachment

Answer 27

404(a)(3) on cross, 607, 608, 609

Question 28

608

Answer 28

witness’s reputation for having a character for truthfulness or untruthfulness; must pertain to this and NOTHING ELSE, crim & civ case

Question 29

Use of extrinsic evidence

Answer 29

cannot use it in 608, not allowed to prove specific instances of conduct

Question 30

609

Answer 30

crim conviction brenna needs to add; can bring in felonies or crimes about truth basically

Question 31

what even is extrinsic evidence

Answer 31

anything that you are not getting from the witness at the time of the trial

Question 32

where bar on extrinsic evidence leads to a dead end

Answer 32

405(a) - ask character witness about specific act, regardless of answer cannot bring in more evidence. 608(b) can do the same

Question 33

412 Rape Shield

Answer 33

not allowed in sex misconduct cases: evidence offered to prove victim engaged in other sexual behavior or evidence offered to prove sexual predisposition

Question 34

Exceptions to rape shield bar (crim)

Answer 34

behavior w the accused, violate d’s con rights, evidence offered to prove someone other than d was source of injury or physical evidence

Question 35

Exceptions to rape shield bar (civ)

Answer 35

if probative value substantially outweighs danger of harm to the victim; evidence of victim’s character only if victim placed it in controversy