rules of evidence Flashcards
rule 101: scope
National High School Mock Trial Rules of evidence govern trial proceedings of NHSMT Championship
401a: test for relevant evidence
relevant if it has any tendency to to make a fact more or less probable than it would be w/o evidence (helps prove or disprove)
401b: Test for relevant evidence
the fact is of confidence in determining the action
402: General Admissibility of relevant evidence
relevant evidence is admissible under NHSMT rules; irrelevant is not
403: Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons
can exclude evidence if: unfair prejudice, confusing the issues, undue delay, wasting time, needlessly presenting cumulative evidence
404: character evidence; crimes or other acts
character evidence: prohibited uses- evidence of a person’s character trait not admissible
evidence of previous crimes or wrong acts not admissible
405: methods of proving character
may be proved by testimony of the person’s opinion or by testimony in the form of an opinion
406: Habit, Routine practice
evidence of a person or organization’s habit may be permitted to prove that the person or organization acted in accordance with this habit or practice