1) General Provisions Flashcards
(48 cards)
substantive use: def
offered for its truth
limited use: def
offered for some purpose other than its truth
intrinsic evidence: def
questioning from the mouth of the wit on the stand
extrinsic evidence: def
impeachment evidence other than wit’s mouth (writing, certified copy of conviction, bringing in another wit)
approach – consider for all qs
1) (if hearsay): purpose of st
2) relevance
3) authenticity
4) competence
5) admission: what rule allows
6) exclusions: confrontation clause + 403
FRE vs CL
FRE more liberal
*presumption of admissibility
role of judge vs jury
judge: determines admissibility of evidence
jury: assigns weight that evidence should be iven
FRE: scope: courts
governs all fed court proceedings
exeption: mil courts
FRE: scope: proceedings
does NOT apply to some prelim proceedings (head): 1) preliminary questisons of fact re admissibility 2) GJ 3) prelim hg 4) getting warrant 5) bail proceedings and some post-proceedings 6) sentencing/probation hg 7) summary contempt
R. 103: how to preserve issue for appeal
1) must make timely + specific objection
inc mxn strike if answer already heard
R. 103: offers of proof
if ruling excludes evidence, offer of proof required, unless:
substance of evidence apparent from context
–make outside presence of jury
R. 103: to appeal, error must not be
harmless
harmless error: def
jury would have reached same verdict if error dn occur (no substantial rights affected)
R. 103: how to preserve issue for appeal: exception
can reverse from admitting evidence where no objection if PLAIN ERROR
plain error: def
affects a substantial right of a party – serious mistake that affects the verdict
R. 104(a): preliminary facts: determined by
judge, outside jury’s presence
R. 104(a): preliminary facts: standard of proof
preponderance
R. 104(a): preliminary matters :FRE applies?
no!
104(a) prelim qs: exs
1) competency (of wits: age, exper, etc)
2) admissibility
3) privilege
104(b): conditional relevance: def
admissibility of 1 item of evidence is conditioned upon existence of another item (car rim found – but was it from your car?)
104(b) conditional relevance; rule
judge must determine if enough evidence to find the nec fact existed
JUDGE makes this threshhold determination
105: limited admissibility; def + rule
if evidence admitted as to one party or for one person,b ut is inadmissible re another aprty / purpose, then court shall:
–restrict evidence to its proper scope + instruct jury accordingly
counsel must request limiting instruction
105: limited admissibility: 5A
ok D testify on preliminary matter w/o waiving 5A re other issues
106: Completeness Doctrine: rule
1) if party introduces part
2) of a writing
3) adverse party may immediately introduce any other writing / part that in fairness ought to be considered in conjunction w it
4) BUT NOT a way to get otherwise inadmissible evidence in!!
