100 Rules Flashcards
(9 cards)
104(a) - Preliminary Questions
The court must decide on any preliminary questions about:
- Whether a witness is qualified,
- Whether privilege exists, or
- Whether evidence is admissiblle
Judge is not bound by FRE, except those on privilege.
104(b) - Relevance that Depends on a Fact
When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.
The judge decides whether there is sufficient proof, such that a reasonable jury could decide whether a fact exists. If the judge decides there is enough proof, then he or she gives the evidence to the jury to decide on the fact.
Conditional Relevancy
The question is for the Judge.
When the purpose for finding that fact to exist is to determine whether it’s admissible.
Pure Conditional Relevancy
The question is for the jury.
When the purpose for finding the fact to exist is purely to determine its relevancy.
The judge examines all the evidence in the case and decides whether the jury could reasonably find that a fact exists.
Who has the Burden of Proof?
The proponent of the evidence.
If the burden is not met, then the jury must ignore the evidence.
Examples of 104(b)
- Question of the accused’s identity as the perpetrator of an uncharged act proffered under 404(b)
- Whether W has personal knowledge under 602
- Whether an exhibit or other evidence is authentic under 901
Civil and Criminal Case 104(b)
Both use the standard of preponderance of the evidence.
When is conditional evidence relevant?
Relevant only if a certain fact exists.
105: Limiting Evidence that is Not Admissible Against Other Parties or for Other Purposes
If a court admits evidence that is against a party or for a purpose - but not against another party or for another purpose - then, on a timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.
