The Federal Rules of Evidence (Ch. 3)

Question 1

Why does evidence (as a subject) matter?

Answer 1

1. used to persuade
2. determines whether there is a trial
3. evidence is not limited to a criminal case or litigation - needed to persuade and evaluate - in negotiations, settlements, etc.

Question 2

What are the rules of evidence?

Answer 2

1. a codified set of uniform rules that govern how you are allowed to tell that story
2. material a finder of fact may use to determine a legally significant fact

Question 3

Who wrote the rules of evidence?

Answer 3

1. advisory committee
2. SCOTUS
3. Congress
   [4. case law]

Question 4

What was the purpose of the 2011 restyling?

Answer 4

make rules more readable, NOT to change the meaning

Question 5

Why do we have FRE?

Answer 5

1. avoid misleading juries (accurate fact-finding)
2. don’t trust juries
3. control scope and duration of the trial

Question 6

What rule(s) talks about the purpose of FRE

Answer 6

Rule 102

Question 7

Where do the rules apply? (Types of courts)

Answer 7

1. In trial courts
2. In appellate courts
3. In administrative agencies that decide to use them

Question 8

What rule(s) talk about where the rules apply?

Answer 8

Rule 101 & Rule 1101

Question 9

When do the FRE apply? (At what point in the process)

Answer 9

1. The main event: the trial.

Largely don’t apply to the before and after, except privilege - that always applies

Question 10

Where do the rules NOT apply?

Answer 10

1. In the USSC [SCOTUS]
2. Administrative hearings (unless the agency has adopted them)
3. State courts (although many states have identical or substantially similar rules)
4. ADR - alternative dispute resolution (unless the parties agree to use them)

Question 11

What is unique about privilege rules?

Answer 11

They apply in ALL FC proceedings - see R 1101(c)

Question 12

T/F: FRE have a generous view on admissibility

Answer 12

True

Question 13

Why do the FRE have safeguards? What are they trying to prevent?

Answer 13

To prevent: 
1. confusing jurors
2. wasting time/resources
Also, want to:
1. protecting social interest (like privilege)

Question 14

Why do the rules matter?

Answer 14

1. need to think about types off evidence that will protect a client’s interest
2. be aware of types of evidence you are creating
   3 principles in the rules give sound direction on what is reasonable

Question 15

What is the process for FRE?

Answer 15

1. Advisory committee creates rules
2. Submits to SCOTUS
3. SCOTUS transmits to Congress
4. Congress either
   • doesn’t act = rules automatically take effect
   • acts = makes changes, changes go into effect