Rules of Evidence Flashcards

1
Q

401

A

Test for Relevant Evidence

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2
Q

401 (a)

A

Test for Relevant Evidence; material fact

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3
Q

401 (b)

A

Test for Relevant Evidence; consequence of the action

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4
Q

402

A

General Admissibility of Relevant Evidence through US Constitution, these rules, and other Midlands Rules

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5
Q

403

A

Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

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6
Q

404

A

Character Evidence; Crimes, or Other Acts

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7
Q

404(a)

A

Character Evidence; Crimes or Other Acts
Character Evidence

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8
Q

404(b)

A

Character Evidence; Crimes or Other Acts
Crimes, Wrongs, or other Acts

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9
Q

405

A

Methods of Proving Character

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10
Q

405(a)

A

Methods of Proving Character; Reputation or Opinion

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11
Q

405(b)

A

Methods of Proving Character; Specific Instances of Conduct

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12
Q

406

A

Habit; Routine Practice

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13
Q

602

A

Lack of Personal Knowledge/Lack of Foundation

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14
Q

701

A

Opinion Testimony by Lay Witnesses (Speculation)

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15
Q

702

A

Testimony by Expert Witnesses; qualifications of an expert witness

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16
Q

703

A

Bases of an Expert’s Opinion Testimony

17
Q

801(a-c)

A

Definitions of Statement, Declarant, Hearsay

18
Q

801(d)(1)

A

Declarant-Witness’s Prior Statement: inconsistent testimony; consistent to rebut; ID

19
Q

801(d)(2)(A)

A

Opposing Party’s Statement; made by the party in an individual capacity

20
Q

802

A

The Rule Against Hearsay; hearsay is not generally admissible

21
Q

803(1)

A

Present Sense Impression

22
Q

803(2)

A

Excited Utterance

23
Q

803(3)

A

Then-Existing Mental, Emotional or Physical Condition

24
Q

803(4)

A

Statement Made for a Medical Diagnosis

25
Q

803(5)

A

Recorded Recollection

26
Q

803(6)

A

Records of a Regularly Conducted Activity

27
Q

803(7)

A

Absence of a Record of a Regularly Conducted Activity

28
Q

803(8)

A

Public Records

29
Q

803(9)

A

Public Records of Vital Statistics

30
Q

803(10)

A

Absence of a Public Record

31
Q

803(18)

A

Statements in Learned Treatises, Periodicals, or Pamphlets

32
Q

803(21)

A

Reputation Concerning Character

33
Q

805

A

Hearsay within Hearsay

34
Q

806

A

Attacking and Supporting the Declarant’s Credibility