Rulings and Preliminary Questions Flashcards
How can issues be preserved for appeal if a ruling admits evidence?
Where a ruling admits evidence, opposing attorney must make timely and specific objection to preserve the issue for appeal
Is a general objection to admitted evidence enough to preserve the issue for appeal?
No
When is motion to strike required?
If answer has already been heard regarding evidence that should’t have been admitted
What is required when a ruling excludes evidence
An offer of proof is required unless the substance of the evidence was apparent from the context (“proffer” by the proponent party)
What is the harmless error rule
A harmless error exists where the jury would have reached the same verdict even if the error did not occur such that no substantial rights are affected
What is the plain error rule
Plain error is an error that affects a substantial right of a party, or a serious mistake that affects the verdict, including prejudicial and reversible errors
When does harmless error rule apply?
Harmless error rule applies where an error regarding admission of evidence is not prejudicial to the outcome
When will reversal of a verdict occur due to improper admission of evidence if no objection was made and evidence was admitted?
Reversal will occur only if plain error is found
Which party determines whether evidence is admissible?
The judge
What is jury’s role regarding evidence
Jury assigns weight to the evidence
What is conditional relevancy
Admissibility of one item of evidence conditioned upon the relevancy of other evidence as determined by judge based on whether enough evidence exists to find that necessary fact
What is limited admissibility
If evidence is admitted for one purpose but is inadmissible for another, the court must restrict evidence to its proper scope and instruct the jury accordingly
Does limiting instruction need to be requested?
Yes, counsel must request instruction to jury regarding the limited admissibility of a piece of evidence
