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Evidence > Validity of evidence, issues, authenticating, Relevance > Flashcards

Validity of evidence, issues, authenticating, Relevance Flashcards

1
Q

issue with how the jury weights the importance of evidence

A

The jury may overweight their evidentiary value

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2
Q

Rule 901: Authenticating or Identifying Evidence

What must be produced to be authenticated?

A

sufficient evidence to support a finding that the item is what the proponent claims it to be

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3
Q

10 Examples given in 401: Authenticating or Identifying Evidence

A
  1. Witness w/ knowledge
  2. Nonexpert opinion about handwriting
  3. Comparison by an expert witness of the trier of fact
  4. Distinctive Charateristics and the like
  5. Opinion about a voice
  6. Evidence about a telephone conversation
  7. Evidence about Public Records
  8. Evidence about ancient documents or data complications
  9. Evidence about a process or system
  10. methods provided by a statute or rule
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4
Q

Authorization

A

The process of proving that an item of evidence is what its proponet claims it to be

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5
Q

901(a): 3 general principles of authentication

A
  1. Evidence must be authenticated “in order to have it admitted”
  2. Evidence is authenticated by showing that the item is what the proponet claims it to be
  3. The showing must be sufficent to support a finding
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6
Q

Evidence contesting the authenticity of an item that is already deemed authenticated and admissible, is

A

admissible

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7
Q

Limit on the power a party offering tangible evidence to decide on what they claim that evidence to be:

A

The claim must be consistent with establishing that the item is relevent

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8
Q

The burden of proof needed when proving authenticity

A

sufficent to support a finding

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9
Q

meaning when:

evidence is “sufficent to support a finding”

A

so long a reasonable juror could conclude that the evidence is what it is claimed to be

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10
Q

Authentication is what equivilant to personal knowledge

A

Object

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11
Q

Authentication is also called

A

laying the foundation

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12
Q

Rule 901: Authentication

The list of examples is not

A

exhaustive, there may be more circumstances

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13
Q

The person who can authenticate is the person who has

A

the Personal Knowledge needed to provide authenticating testiony

FP (Facts Precieved) = FT (Facts that can be testified)

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14
Q

Authenticating a Photograph

Personal knowledge requirement varies based on

A

what the party offering the photograph claims it to be

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15
Q

A witness can authenticate a photograph by testifying that the photo is a

A

“fair and accurate dipiction” of a location

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16
Q

Authenticating a Photograph

When a witness authenticates a photo by saying that it is a “fair and accurate” depiction of the location, the photo is used as demonstrative evidence, if used to

A

help illustrate or explain witness testimony

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17
Q

If an item is unique in charater or appearance then

A

often a single witness can authenticate the item

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18
Q

If the item is indistinguishable from other similar items then

A

more then one witnesses perception is needed to authenticate the item

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19
Q

When an item is indistinguishable from other similar items, a single witness can only

A

say that an item looks like the item percieved

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20
Q

if an item is indistinguishable from similar or generic items, what is needed to authenticate the item

A

the chain of custody

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21
Q

In proving the chain of custody, you are showing that

A

the evidence is in the safe keeping of one or more specific persons

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22
Q

besides being generic, a item can need a chain of custody whenever the item is unique but

A

is susceptabe to alteration in ways that can be difficult to detect

ex digital sounds or images

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23
Q

In proving chain of custody, you are showing that the evidence was

A

continuously in the safekeeping of one or more specific persons

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24
Q

In proving chain of custody, where do you start and end the analysis on the timeline of the evidence

A
  • begin with the event that connects the evidence to the case
  • Continue until the moment the evidence was brought to court and marked for identification
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25
Q

All witnesses in the chain of custody testify to the circumstances under which:

4 Points

A
  1. They took custody of the item
  2. The efforts they made to safeguard it
  3. What if any changes appear in the item since they last had custody, AND the
  4. Circumstances under which they surrendered custody
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26
Q

What having witnesses testify to certain cicumstances pertaining to the evidence in a chain of custody helps determine

A

that the item was not altered in any significant respect or switched with anthing appearing as it

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27
Q

The foundation created by a chain of custody creates

A

an infrence that the evidence is the very item associated with the events at the issue of the case

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28
Q

2 things that is central to creating the foundation of chain of custody

A
  1. perceptions
  2. personal knowledge
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29
Q

Technology

Items stored on electronic media often can be authenticated by

A

considering the contents of those items as well as other charateristics

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30
Q

902: 14 categories of items which require no extrinsic evidence of authenticity in order to be admitted. (self- authenticating)

A
  1. Domestic Pub. Docs. that are sealed and signed
  2. Domestic Pub. Docs. that are not sealed but signed and certified
  3. foreign pub docs
  4. offical public authority publication
  5. newspapers and periodicals
  6. trade incriptions and the like
  7. commercial paper
  8. Certified copes of public records
  9. Acknowledged docs
  10. presumptions under a federal statute
  11. certified domestic records of a regularly conducted activity
  12. certified records of a regularly conducted activity
  13. certified ercords generated by an electronic process of system
  14. certified data copied from an electronic device storage medium, or file
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31
Q

Extrinsic Evidence

A

Any evidence other than the item of evidence in question

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32
Q

If not self-authenticating under 902 it may be authenticated under

A

901: authenticating or identifying evidence

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33
Q

If the item cannot self authenticate under 902 or authenticate under 90, the item is

A

inadmissiable

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34
Q

The best rule

5 words that are defined under 1001

A
  1. Writing
  2. recording
  3. photograph
  4. original
  5. duplicate
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35
Q

The best evidence rule

Rule 1002: requirement of original

A

An originial writing, recording, photography, is required unless rules or fed. statutes provide otherwise.

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36
Q

Rule 1002: requirement of original

What 3 things are affected by this rule

A

1) writing
2) recording
3) photograph

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37
Q

Best evidence rule

A printout of electronically stored info

A

Counts as an original, if it accuarely reflects the info

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38
Q

The best evidence rule

Besides the original photograph what also can count as the original

A

a negative of a print from the photograph

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39
Q

Best Evidence Rule

Limits to rule 1002 “Requirement of original”

2 points

A
  1. Does not apply to evidence about tangible items other than writings, recordings, and photographs
  2. Applies only in evidence offered to prove the contents of such item
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40
Q

Best evidence rule

How rule 1002 “requirement of original” is broad enough to cover the collection of data in a tangible format

Examples

A

computer disks, CDs, Lisence plate, security camera footage

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41
Q

2 rules that are exceptions to the best evidence rule

A
  1. 1003 Admissibility of Duplicates
  2. 1004 Admissability of other evidence of content
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42
Q

Exception ot the best evidence rule

1003 Admissibility of duplicates: A duplicate is admissible to the same extent of the original unless..

A
  1. A genuine question is raised about the original authenticity
    OR
  2. The circumstances make it unfair to admit the duplicates
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43
Q

Why we have authentication

A

Need to make sure that the evidence trying to get on record is what it purports to be

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44
Q

Requirement for authentication

A

Sufficent to claim a finding that the item is what the proponet claims it is

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45
Q

Use authentication to impress..

A

The judge legally and the jury factually

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46
Q

3 things to think about with everything we learn in class

A
  1. Rule
  2. Theory behind it
  3. How do we apply it
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47
Q

In a final closing argument, you want to explain to the jury that an item was let in by the judge so that the jury…

A

can determine if it is true or not

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48
Q

By Rule 901 stating that evidence must be authenticated to be admitted, it provides a basis for what

A

objection

for if an admitted item has not been authenticated

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49
Q

evidence contesting authenticity of another evidence is admissible even after

A

the court determines that an item is authenticated and admissiable

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50
Q

Where does the evidence go when the court determines that it is authenticated

A

into wait not admissability

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51
Q

Authentication

When you are entering evidence, say what ____ so you know what ____

A

a) say what you are trying to establish so that
b) you know how to authenticate

how to show or not show the evidence to the jury when authenticating

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52
Q

With authentication we always look at ____ through the purpose of ___

A

a) relevance
b) authentication

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53
Q

When nothing is unique about the item we need to have what for authentication

A

A chain of custody

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54
Q

How many witnesses for a chain of custody

A

Probably more then one witness is needed to lay the foundation

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55
Q

Judicial notice of adjudicative facts

Scope:

A

Only adjudicative facts, not legislative facts

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56
Q

Adjudicative Fact is a fact that is not

A

A fact that is not subject to a reasonable dispute

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57
Q

Judicial notice of adjudicative facts

The court may judicially notice a fact that is not subject to reasonable dispute because of what 2 things:

A

1) is generally known within the courts territorial juris.
OR
2) it can be accurately and readily determined from sources whose accuacy cannot reasonably be questioned

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58
Q

When taking notice the court may ____ or must ____

A

1) May take notice on its own
OR
2) Must take judicial notice if a party requestes it and the court is supplied with necessary information

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59
Q

When must the court take judicial notice?

(2 things needed)

A

1) if a party requests it, AND
2) the court is supplied with necessary information

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60
Q

When may the court take judicial notice?

A

At any stage of the proceedings

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61
Q

Judicial notice of adjudicative facts

When is a party entitled to be heard

A

On timely request

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62
Q

Judicial notice of adjudicative facts

Upon timely request, a party is entitled to be heard on what 2 things

A

1) the propriety of taking judicial notice
AND
2) the nature of the fact to be noticed

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63
Q

Judicial notice of adjudicative facts

If the court takes notice before notifying a party, the party is still entitled

A

to be heard

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64
Q

Judicial notice of adjudicative facts

In instructing the jury in a civil case

A

The court must instruct the jury to accept the noticed fact as conclusive

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65
Q

Judicial notice of adjudicative facts

Instructing hte jury in a criminal case

A

The court must instruct the jury that it may or may not accept the noticed fact as conclusive

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66
Q

Judicial notice of adjudicative facts

Judicial notice

A

The process of admitting facts that are indisputable and can be established quickly and easily without the need for the presentation of evidence

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67
Q

Judicial notice of adjudicative facts

Judicial notice is appropriate under what 3 circumstances

A
  1. The fact is general knowledge or can be established conclusively by consulting indisputably accurate sources, AND
  2. The party seeking to establish the fact presents that those sources to the courtm AND
  3. The opponet is given an oppertunity to contest the propriety of the court takinf notice of the fact
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68
Q

Adjudicative facts are normally

A

left to the jury to determine in its deliberations at the end of the case

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69
Q

Adjudicative facts are facts about

A

The event that gave rise to the lawsuit

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70
Q

Adjudicative facts help explain (7)

A

who, what, when, where, how and what motive and intent

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71
Q

Adjudicative facts usually are subject to

A

formal proof

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72
Q

Judicial notice of adjudicative facts

What it means to say that a fact must “not be subject to reasonable dispute”

2 points

A

1) generally known in the courts juris.
OR
2) capable of being determined by consulting authorative sources

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73
Q

Some facts can be established with relative ease and not qualify for

A

judicial notice

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74
Q

Rule 201 Judicial notice of adjudicative facts, describes what 2 things

A

1) What facts are subject to judicial notice
2) How a court takes judicial notice

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75
Q

Judicial notice is an exception to what 2 rules

A

1) The general rule that no new evidence may be introduced on appeal
2) No new evidence may be referred to unless it was admitted at trial

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76
Q

Why judicial notice as an execption to the rules concerning the appeal process is important

A

It allows the party who dailed to prove an essential fact at trial a chance to prove it on appeal

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77
Q

Judicial notice allows what kind of facts to be seen on appeal?

A

facts that may be judically noticed, aka facts that are not subject to reasonable dispute

78
Q

Rule 201 Judicial notice of adjudicative facts

In civil cases, the rule is designed to protect the integrity of the truth determination process. Why is it not in criminal cases?

A

Because with teh right of a jury trial comes with the right to have the jury decide the facts

79
Q

Judicial notice of law (rather than adjudicative facts)

5 types of law conventions

A
  1. Same state (domestic law)
  2. Federal Law
  3. Law of other states
  4. Law of foreign nations
  5. Municipal Law
80
Q

Judicial notice of law (rather than adjudicative facts)

Law of the same state (domestic law)

3 steps

A

1) Parties brief court on the law (orally or in writing)
2) Court conducts own legal research
3) May have legal expert testimony, which is subject to examination and cross examination by the parties

81
Q

Judicial notice of law (rather than adjudicative facts)

Federal Law

A

Same as with domestic law:
1) Parties brief court on the law (orally or in writing)
2) Court conducts own legal research
3) May have legal expert testimony, which is subject to examination and cross examination by the parties

82
Q

Judicial notice of law (rather than adjudicative facts)

Law of other states

A
  • many states have adopted the Uniform Judicial Notice of Foreign Act
  • Which requires every court in adopting a statute to take notice of the statutory and common law od every other state, at least when it comes to certain prodeural requirements are satisfied

Recently states have been adopting a interstate and international procedure act that broadens the provisions of the earlier uniform law

83
Q

Judicial notice of law (rather than adjudicative facts)

Law of foreign nations

A
  • The judicial notice of foreign act made foreign law a matter for the court to decide by not by judicial notice
  • Recently states have been adopting a interstate and international procedure act that broadens the provisions of the earlier uniform law
84
Q

Judicial notice of law (rather than adjudicative facts)

Municipal law

A

the normal pleading and proof is required

85
Q

Judicial notice of legislative facts (rather than adjudicative)

What is legislative facts

A

Those which have relevance to legal reasoning and the law making process, whether in the formulation of a legal principle of ruling by a judge of court or in the enactment of a legislative body

86
Q

Judicial notice of legislative facts (rather than adjudicative)

A

No rule because they are not indisputable

87
Q

What happens when legislative facts are disputed

A

1) the parties brief the issue
2) Expert witnesses might be called (at trial court level)
3) Court makes a decision

88
Q

Rule 902: Evidence that is self-authenticating
2 examples

A

1) Trademarks
2) Newspapers

89
Q

The best evidence rule

What an “original counterpart” is

A

usually used in contracts, have multiple copies that have to be signed and sent to different places

90
Q

2 limitations for The best evidence Rule

A
  1. Ordinary objects (tangible object)
    - AKA the rule does not deal with everything
  2. Not need if trying to prove the content
    - Depends on what you are trying to prove (ex. a camera or what is on the camera)
91
Q

2 signs that the best evidence rule applies

A
  1. if someone reads somehing
  2. If someone refers to an item
92
Q

Best evidence rule and personal knowledge

A

Just because there are items liable to Best Evidence Rule, does not mean that the item needs to be admitted to have personal knowledge admitted.

93
Q

Sheet music can be liable to the Best Evidence Rule

How?

A

1) If trying to prove how someone knows the key to play
2) If wanting to show something on the sheet, like that the contents was incorrect

94
Q

Before bringing the evidence to the stand, what needs to happen

A

The other party gets to see the document

95
Q

Rule 1004: admissibility of other evidence of conduct

An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:

4 simplified answers

A

1) originals are lost or destroyed, not by bad faith
2) an original cannot be obtained by any available judicial process (ex a subpenoa)
3) The other party has it and will not bring it to court
4) evidence is not purtant to trial, or outcome of the trial

96
Q

Subpeona as evidence

A

Would need to be asserted as evidence
- specifically when trying to prove that you cannot show the original because someone else has it and judicial processes are not working

97
Q

Duplicates are admissinle unless

A

a problem is brought up for untrustworthiness/ Authenticity

98
Q

Evidence is in wait when there has not been

A

sufficient foundations to admiss it into court

99
Q

If a problem of untrustworthiness/ authenticity is brought up, that means you need

A

an original

100
Q

If a problem of untrustworthiness/ authenticity is brought up, and the original has been destroyed, what argument should you use

A

that you can use other forms of proof like testimony

101
Q

Rule 1005: copy of public records to prove content

what 2 conditions need to be met to use a copy of public records to prove content?

A

1) the record ot document is otherwise admissible
2) the copy is certified or testified to be correct by a witness who has compared it with the original

102
Q

Rule 410: Relevancy

401 test for relevent evidence
- Evidence is relevent if:

A

1) it has any tendancy to make a fact more or less probable than it would be without the evidence; AND
2) The fact is of consequence in determining the action

103
Q

Rule 402: General Admissiilitiy of Relevent Evidence

Relevent evidence is admissible unless waht 4 things provide otherwise?

A
  1. US constitution
  2. federal statutes
  3. these rules, or
  4. other rules prescribed by hte supreme ct.
104
Q

Admissibility of irrelevant evidence

A

Irrelevant evidence is not admissible

105
Q

Rule 402: General Admissiilitiy of Relevent Evidence

Facts are “of consequence” if

A

they are either necessary elements under the applicable substantial law or facts from which a necessary element may be inferred

106
Q

Reasoning for evidence to make more or less probable looks like

A
  • evidence
  • infrence/ assumption supporting the evidence
  • fact of consequence
107
Q

Decision of relevance: Relevance and culture

With the judge

A

The judge decides if the evidence is relevent, therefore their background and culture matters as it may affect their decision

108
Q

Decision of relevance: similar events

A

may decide relevance based on similar cases

109
Q

Relevancy v. Sufficientcy

A

Just becasue a evidence is relevant does not make it sufficient to make the defendant guilty

110
Q

What if the assumtion supporting an infrence linking evidence to a fact of consequence is invalid?

A

Then the evidence has no effect on the probabilities of the fact of consequence and is irrelevant

111
Q

Relevence depends on

A

whether the assumption under each infrence are reasonable

112
Q

Probative value depends on

A

the strength of each infrence AND the number of infrences we need to make

113
Q

Rule 403: Excluding Relevent Evidence for… Dangers

The court may exclude relevent evidence if it is probative value is substantially outweighted by a danger of one or more of the following:

Name the 6 dangers

A
  1. Unfair prejudice
  2. Confusing the issues
  3. Misleading the jury
  4. undue delay
  5. Wasting time
  6. Needlessly presenting cumulative evidence
114
Q

Features of Rule 403: Excluding Relevent Evidence for… Dangers

Only applies if

A

the evidence is relevent

115
Q

Features of Rule 403: Excluding Relevent Evidence for… Dangers

When an attourney objects to the evidence under Rule 403, the court must

A

weigh the probative value of the evidence and compare it to a number of problems that might be created if the evidence is admitted.

116
Q

Features of Rule 403: Excluding Relevent Evidence for… Dangers

Court may only exclude evidence, only if

A

it finds that the problems “substantially” outweights the probative value

117
Q

Features of Rule 403: Excluding Relevent Evidence for… Dangers

The rule strongly favors

A

admissibility

118
Q

Features of Rule 403: Excluding Relevent Evidence for… Dangers

Greater the probative value, greaer the _____ must be to justify exclusion

A

dangers

119
Q

Features of Rule 403: Excluding Relevent Evidence for… Dangers

The court has discretion in striking the balence to decide

A

whether to admit or exclude evidence

120
Q

Rule 403: Excluding Relevent Evidence for… Dangers

Probative Value

A

An assessment of the degree to which an item of evidence affects the liklihood of a fact of consequence

121
Q

Rule 403: Excluding Relevent Evidence for… Dangers

2 factors that influence the assesment of probative value

A
  1. The logical force of the evidence, AND
  2. The content in which it is offered
122
Q

Product rule

A

The probative value of evidence is a product of the probabilities of each link in the chain

123
Q

The probative value of any single item is a function of

A

the need for that evience, given the context

124
Q

Probative value

The need for evidence can be influenced by the

A

importance of the issue to which it relates

125
Q

When there is minimal probative value, balencing against dangers becomes

A

especially pertinent when there is little need for the evidence

126
Q

The first infrence connecting any testimony to the fact is offered to

A

prove that the testimony is accurate

127
Q

In weighing the probative value of the testimony the trial judge should assume that the testimony is

A

accurate and not discount the probative value because of concerns regarding the witness creditability

128
Q

Prejudice

A

evidence that will influence the fact finder to favor one party over another

129
Q

All evidence offered at trial is intended to be

A

prejudicial

130
Q

unfair prejudice

A

means an undue tendancy to suggest decision on an improper basis commonly, through not necessarily, an emotion one

131
Q

Inferential error prejudice

A

situations where the jury misunderstands the logical importance of the evidence.

132
Q

Inferential error prejudice

situations where the jury misunderstands the logical importance of the evidence, either by deciding that

A
  1. the evidence is probative of a fact when it is not
    OR
  2. deciding that it is more or less probatice of a fact when it is
133
Q

Nullification Prejudice

3 times it may occur

A

Occurs when evidence might incline the jury to disregard the law
OR
When the jury inability or refusal to follow the courts instructions about the limited use of particular evidence
OR
When the jury is inclined to decide the case based on the basis of racial bias or some other form of illegal discrimination

134
Q

If the court finds that the danger of prejudice by the jury substantially outweights any minimal probative value the evidence might carry to prove motive…

A

they court could exclude under 403 (excluding for dangers)

135
Q

Meaning review of 403 (exclude for dangers) often depends on whether

A

the trial court placed the reasons for its ruling on the record

136
Q

some appelate courts believe that failure by the trial court to put such info on the record is

A

an abuse of discretion under 403 (exclude for danger)

137
Q

403 Limit on judge discretion

permits exclusion only when the objecting party shows

A

the probative value is “substantially outweighed” by completing dangers

138
Q

403 limits on judges discretion

before excluding, consider whether a jury instruction might be effective in reducing

A

unfair prejudice

Rule 103 directs the judge to give instuctions in certain circumstances

139
Q

403 establishing a balencing test for most evidence, but 604 sets a balencing test that further

A

limits the judge

140
Q

undisputed facts

Does a defendants concession of negligence render irrelevant any evidence that would tend to establish negligence

A

No. 401 only requires the evidence prove a fact in consequence, not a fact in controversy

141
Q

Authentication of a newspaper

A

doesn’t need to be authenticated

142
Q

Theory behind judicial notice

A
  1. some facts are reasonably undisputable
  2. it relieves the duty of proving something
143
Q

Adjudicative facts, are facts that are

A

determitive of a case

who, what, where, how, why

144
Q

Judicial notice

Just because a fact is disputed doesnt mean it cant be

A

undisputable

145
Q

Can you ask to take judicial notice of law?

A
  1. depends on jurisdiction
  2. not on municipal ordinance
146
Q

Judicial notice on a breathalyzer

A

typically accepted by judicial notice, party can ask for authentication typically for calibration

147
Q

Rule 401: Test for relevant evidence

Evidence is relevant if:

A
  1. it has any tendancy to make a fact more or less probable than it would be without the evidence,
    AND
  2. The fact is of consequence in determining the action
148
Q

402: Element evidence is admissible unless any of the following provides otherwise:

A
  1. US constitution
  2. A fed. statute
  3. these rules
  4. other rules prescribed by the supreme court
149
Q

Irrelevant evidence is not

A

admissible

150
Q

evidence is irrelevant if it is

A

challenged

151
Q

how relevant evidence becomes irrelevant

A

by being challenged

152
Q

Why the objection of relevancy is a popular objection

A

Because it really can apply to anything

153
Q

Relevance of similar and dissimilar events

A

its relevant, can be anything to just give rise to make it more probable

154
Q

relavency

Just need the smallest amount of what to be admissible

A

applicability

155
Q

relevancy

need any what to prove fact of consequence

A

any tendancy

156
Q

Rule 104 Preliminary Questions

A court must decide any preliminary questions about

A
  • whether a witness is qualified
  • a privledge exists, or
  • evidence is admissible
157
Q

Rule 104 Preliminary Questions

In deciding preliminary questions, the court is not bound by

A

evidence rules, except those on privledge

158
Q

Relavency that depends on a fact

When the relevancy of evidence depends on fulfilling a factual condition, the court may

A

The court may admit it on, or subject to, the introduction of evidence sufficient to support a finding that the condition is fulfilled

159
Q

Matters that the jury must not hear

A hearing on a preliminary question must be conducted outside the jury’s hearing if:

A

1) the hearing invollves the admissibiliity of a confession;
2) a defendant in a criminal case is a witness; and
3) justice so requires

160
Q

Preliminary questions

Testimony by a defendant in a criminal case

A

By testifying on a premiliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case

161
Q

Rule 104

Evidence Relevant to weight and Creditablity

A

Rule 104 does not limit a party’s right to introduce before the jury evidence that is relevant to the weight of creditability of other evidence

162
Q

The purpose of rule 104: Preliminary questions

A

It tells us who decides the admissibility and how those decisions are made

163
Q

Key to understanding Rule 104 (preliminary questions)

A

the rules of admissibility often depends on proof of facts

164
Q

Deciding if evidence is relevent also depends on proving a

A

fact

165
Q

Admissibility is made to depend on whether a certain fact exists is called

A

“preliminary facts”

166
Q

3 issues when it comes to applying admissibility rules

A

1) who decides whether the preliminary facts have been proved?
2) What is the burden of proof that must be met to establish those facts?
3) What evidence can be used to prove the facts on which admissibility depends?

167
Q

Who decides preliminary facts

A

trial judge

168
Q

The court must decide any preliminary facts about whether

A

evidence is admissible

169
Q

Rule 104 (preliminary questions) apply where relevancy depends on

A

filling a factual condition

170
Q

Question of conditional relavency

A

where relavency depends on fulfilling a factual condition

171
Q

How preliminary facts are decided: Burden of Proof

A

the court may admit on it, or subject to, the introduction of evidence sufficent to support a finding that the condition is fulfilled

172
Q

Evidence must be what to be admissible

A

Sufficent to support a finding

173
Q

The judge admits the evidence if

A

a reasonable juror could conclude the preliminary fact exists

174
Q

Rule 104 Preliminary Questions

the court may admit on it, or subject to, the introduction of evidence sufficent to support a finding that the condition is fulfilled

What “subject to” means

A

it gives the judge the option of letting the jury hear the eviddence before the standard has been satisfied

175
Q

Rule 104

a court may allow evidence that has not proven all the preliminary facts of the case, provided that…

A

the party offering the evidence promises to “connect up” that evidence later in the trial

176
Q

Rule 104

If a party offering evidence promises to “connect up” that evidence later in the trial, and dose not, the judge

A

will grant a motion to strike the earlier testimony and instruct the jury to disregard it.

177
Q

Rule 104

If a party offering evidence promises to “connect up” that evidence later in the trial, and does, the judge

A

the judge must determine if the minimal “sufficient to support a finding” is met

178
Q

if a judge determines the minimal “sufficient to support a finding” for preliminary facts is met,

A

the evidence is relevant, and if no objections, it is admissible

179
Q

The burden to prove a preliminary fact under
104(a) (preliminary questons of witness, evidence, privlege)
v.
104(b) (relevance that depends on the existance of another fact)

A

The burden to prove a preliminary face is higher in (a) then (b)

180
Q

104(a) (evidence, witness, privlege) v. 104(b) (relevance that depends on another fact), preliminary facts must be proven by…

A

(a): a preponderance of the evidence
(b): sufficent to support a finding

181
Q

Burden of proof

A

how much evidence is needed to prove a preliminary fact

182
Q

104 (a) preliminary facts for evidence, witness, and privleges

Absent a privlege, in deciding a preliminary fact, the Judge may consider

A

any evidence even if that evidence itself might be admissible

183
Q

104(b) relevance is determative on another evidence

What evidence can the judge consider in deciding whether the “sufficient to support a finding” is sufficent?

A

Only admissable evidence?

184
Q

When a preliminary fact should be decided under Rule 104(a) or (b)?

2 step approach

A

1) Identify the preliminary fact on which admissibility of the evidence depends
2) Ask: would the evidence be relevent if the preliminary fact was not established?
- Yes: 104(a) (evidence, witness, privlege)
- No: 104(b) (relevance that depends on another fact)

185
Q

Probative value as to be SUBSTANTIALLY greater… then dangers NOT

A

equal, not just more, SUBSTANTIALLY

186
Q

Type of meaurement/answer: Is it relevant

A

yes or no

187
Q

Type of meaurement/answer: Probative value

A

measure of degree

188
Q

What do you look at before determining probative value and dangers?

A

Relavence

189
Q

What does a black and white photo of a autopsy do

A
  • lowers the prejudice but also the probative value
190
Q

Goreyness of a photo of an autopsy

A

does not make it unfairly prejudicial
- Remember the law leans towards letting evidence in

Evidence (6 decks)

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