Evidence

Question 1

Direct Evidence

Answer 1

Evidence which, if believed, resolves the matter in issue

Question 2

Circumstantial Evidence

Answer 2

Evidence which required additional reasoning to reach the intended proposition

Question 3

Stipulation

Answer 3

Stipulation does not destroy relevancy

Question 4

RULE 103 - (a) Preserving a Claim of Error.

Answer 4

(a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and:
(1) if the ruling admits evidence, a party, on the record:

(A) timely objects or moves to strike; and

(B) states the specific ground, unless it was apparent from the context; or

(2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context.

Question 5

Rule 103 - (b) Not Needing to Renew an Objection or Offer of Proof.

Answer 5

(b) Not Needing to Renew an Objection or Offer of Proof. Once the court rules definitively on the record — either before or at trial — a party need not renew an objection or offer of proof to preserve a claim of error for appeal.

Question 6

Rule 103 - (c) Court’s Statement About the Ruling; Directing an Offer of Proof

Answer 6

(c) Court’s Statement About the Ruling; Directing an Offer of Proof. The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form.

Question 7

Rule 103 - (d) Preventing the Jury from Hearing Inadmissible Evidence.

Answer 7

(d) Preventing the Jury from Hearing Inadmissible Evidence. To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means.

Question 8

Rule 103 - (e) Taking Notice of Plain Error

Answer 8

(e) Taking Notice of Plain Error. A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved.

Question 9

Plain Error

Answer 9

Error that is so obvious and serious that the JUDGE should not have missed it.

Question 10

Motions in limine

Question 11

Rule 104 - In General

Answer 11

(a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.

Question 12

Rule 104 (b) Relevance That Depends on a Fact (Rule)

Answer 12

(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.

Question 13

Rule 104 - (b) Relevance That Depends on a Fact (Judge’s Role)

Answer 13

Judge screens evidence to determine it is possible the jury could find the evidence admissible

Question 14

Rule 104 - (b) Relevance That Depends on a Fact (Applicable Rules)

Answer 14

404(b): Character Evidence

Sufficiency of Evidence Step

412: Rape Shield Rule
602: Personal Knowledge
901: Authentication

Question 15

Rule 104 - (c) Conducting a Hearing So That the Jury Cannot Hear It.

Answer 15

(c) Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if:
(1) the hearing involves the admissibility of a confession;
(2) a defendant in a criminal case is a witness and so requests; or
(3) justice so requires.

Question 16

Rule 104 - (d) Cross-Examining a Defendant in a Criminal Case.

Answer 16

(d) Cross-Examining a Defendant in a Criminal Case. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.

Question 17

Rule 104 - (e) Evidence Relevant to Weight and Credibility

Answer 17

(e) Evidence Relevant to Weight and Credibility. This rule does not limit a party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.

Question 18

Rule 105 - Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes

Answer 18

If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

Question 19

Rule 106 – Remainder of or Related Writings or Recorded Statements

Answer 19

If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time.

Question 20

Rule 401 - Test for Relevant Evidence

Answer 20

Evidence is relevant if:

(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.

Question 21

Rule 403 – Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

Answer 21

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Question 22

Rule 403 (Examples of Prejudice)

Answer 22

Confusion

Misleading Jury

Undue Delay

Waste of Time

Needless Duplication

Question 23

Rule 403 (Probative Factors to Consider)

Answer 23

Identify what the evidence is offered to prove

Strength of connection to what it is offered to prove

Reliability of evidence

Need

Importance of proposition it helps prove

Availability of other evidence to prove this point

Question 24

Rule 403 (Unfair Prejudice Factors)

Answer 24

Identify source of prejudice

Examples:

Emotional and irrational prejudices of jurors aroused

Jurors will overvalue evidence

Jurors will use it for improper purpose

Use facts to explain how

Demonstrate impact on case

Can prejudicial impact be lessened?

Examples:

Jury instruction

Redacting portions

Question 25

Rule 403 (Stipultations)

Answer 25

Stipulation does not destroy relevance

Offer to stipulate affects probative value for 403 balancing

For felon-in-possession-of-gun cases, D’s stipulation to prior conviction excludes other evidence under 403

In most other cases, offer to stipulate has little effect under 403