The Rules!

Question 1

Rule 101

Answer 1

• defines the scope

* apply broadly to processing in FEDERAL COURT

Question 2

Rule 1101

Answer 2

• lists categories of FC subject to the rules

Question 3

Rule 1101(b)

Answer 3

Rules govern all disputes, regardless of underlying claim

• DO NOT apply to every stage, ONLY trial

Question 4

Rule 1101(d)

Answer 4

Lists stages that DO NOT need to follow FRE

• not an exhaustive list

Question 5

Rule 1101(c)

Answer 5

Rules on privilege apply to all stages of a case or proceeding

Question 6

Rule 102

Answer 6

• purpose of the FRE

Question 7

Rule 1101(a)

Answer 7

Lists specific courts (district, court of appeals, bankruptcy, magistrates, Federal Claims, Guam, Virgin Islands, Northern Mariana Islands)

Question 8

Rule 103

Answer 8

The process parties use to disputes and defend evidence at trial
• how to object

Question 9

Rule 105

Answer 9

Governs limiting instructions

• if party asks for instruction, judge MUST give the instruction

Question 10

Rule 402

Answer 10

Only relevant evidence is admissible

Question 11

Rule 401

Answer 11

Test/definition of relevance

Question 12

Rule 103(a)

Answer 12

Preservation

• only an error if it affects “a substantial right”

Question 13

Rule 403

Answer 13

• judges can exclude otherwise relevant evidence that is

1. Unfairly prejudicial
2. Confusing
3. Misleading
4. Duplicative, or
5. Wastes time

Test: reason to exclude must SUBSTANTIALLY OUTWEIGH the probative value.

Question 14

Rule 407

Answer 14

Bars evidence of subsequent remedial measures

Question 15

Rule 408

Answer 15

Not admissible:
• settlement offers
• statements made during settlement discussions

Question 16

Rule 409

Answer 16

Excludes evidence of
• offers to pay medical expenses
• payment of medical expenses
WHEN offered to prove liability

Question 17

Rule 410

Answer 17

Precludes SOME evidence of offers to plead guilty and statements made during plea bargaining

Question 18

Rule 411

Answer 18

Bars evidence of liability insurance by ANY party IF offered to prove negligence or some other wrongful behavior

Question 19

Rule 408(a)(2)

Answer 19

J

Question 20

Rule 409

Answer 20

jj

Question 21

Rule 410

Answer 21

J

Question 22

Rule 411

Answer 22

j

Question 23

Rule 601

Answer 23

everyone is competent UNLESS
• FRE or
• state law says different

Question 24

Rule 605

Answer 24

Judge who presided over a case cannot testify as a witness - not “competent”

Question 25

Rule 606

Answer 25

Jurors cannot testify in a trial where they play a decision making role

Question 26

Rule 602

Answer 26

Witnesses may only testify about matters they know about personally

(Doesn’t apply to expert witnesses!)

Question 27

Rule 603

Answer 27

Witnesses have to choose between an oath or affirmation before testifying

Question 28

Rule 604

Answer 28

j

Question 29

Rule 615

Answer 29

a defendant cannot be excluded

Question 30

Rule 614

Answer 30

the court/judge can call witnesses

Question 31

Rule 614(c)

Answer 31

j

Question 32

Rule 612

Answer 32

lawyer can refresh a witness’s memory with a document or other item
applies to refreshing memory
1. while testifying adn
2. before testifying

Question 33

Rule 608

Answer 33

how to attack a witness’s character for credibility

Question 34

Rule 609

Answer 34

j

Question 35

Rule 610

Answer 35

j

Question 36

Rule 607

Answer 36

j

Question 37

Rule 613

Answer 37

j

Question 38

Rule 613(a)

Answer 38

j

Question 39

Rule 613(b)

Answer 39

j

Question 40

Rule 201

Answer 40

Judicial notice

Question 41

Rule 201(b)

Answer 41

Types of facts:

1. Generally know
2. Accurately and readily determined by consulting an unimpeachable source

Question 42

Rule 106

Answer 42

Allows opponent to introduce any remaining portions “that in fairness ought to be considered at the same time” as the original portion