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Evidence > Presentation of Evidence > Flashcards

Presentation of Evidence Flashcards

1
Q

What is the scope of the Federal Rules of Evidence

A

All civil & criminal proceedings before the United States Federal Courts (Not military courts)

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2
Q

When do the Federal Rules of Evidence NOT apply?

A
  1. Court’s determination of a preliminary question of fact regarding the admissibility of evidence
  2. Grand Jury Proceedings
  3. Criminal Proceedings for the following purposes
  • Issuance of a search or arrest warrant
  • Issuance of criminal summons
  • Preliminary examination in a criminal case
  • Extradition or rendition
  • Consideration of bail or other release
  • Sentencing
  • Granting or revoking probation or supervised release
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3
Q

What are preliminary questions regarding the admissibility of evidence?

A
  1. Competency
  2. Admissibility
  3. Whether privilege applies
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4
Q

What must be done in order to preserve an appeal for an admission of evidence?

A

A timely & specific objection must be made

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5
Q

Where a ruling excludes evidence, how can the issue be preserved for appeal ?

A

An offer of proof must be made outside the presence of a jury

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6
Q

What are motions in limine ?

A

Pretrial ruling on the admissibility of evidence

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7
Q

What happens if an objection is not made to objectionable evidence?

A

The evidence will be admitted

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8
Q

What is the only time when an appeal can be preserved without an objection?

A

When Plain error is found

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9
Q

When is plain error found?

A
  1. Error is obvious & clear to the reviewing court
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10
Q

What if the Plain Error affects a Substantila right?

A

It’s grounds for reversal, even if no objection or offer of proof was made

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11
Q

What is the procedure for holding hearings on admissibility?

A

The hearing must occur outside the presence of the jury

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12
Q

What is the Role of the Judge?

A
  1. Judge is the trier of law
  2. Decides prliminary questions of competence of evidence - Includes:
  • admissibility of evidence
  • Whether priv. exists
  • Whether person is qualified to be a witness

Judge is not bound by Rules of Evidence in reaching his conclusion

  • Exception - Privileges
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13
Q

What is the role of the Jury?

A
  1. The jury is the trier of fact
  2. A party presents ev. that is relevant to the weight & credibility of other ev.
  3. Once evidence has been admitted,
  4. It’s the role of the Jury to Determine the weight and credibility of the evidence
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14
Q

When can a party challenge an evidentiary ruling as erroneous?

A
  1. If the ruling affects a substantial right of a party, and
  2. Party notifies the judge of the error by:
  • Objection, or
  • Offer of Proof
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15
Q

Objection to admission of evidence

A
  1. If ruling admits evidence
  2. Party must make timely objection or motion to strike
  3. Must state specific grounds for the objetion or motion in ordeer to preserve admissibility issue for appeal
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16
Q

Offer of Proof for exclusion of evidence

A
  1. If ruling excludes evidence
  2. Party must make an offer of proof in order to preserve the evidence for appelleate review of the ruling
  • Oral or written explanation of the relevance & admissibility of the evidence
  • Made on the record
17
Q

Consequence of a definitive ruling

A
  1. Where judge has made definitive ruling on the admissibility of evidence
  2. Party does not need to renew an objection or offer of proof to preserve for appeal
18
Q

Limited Admissibility

A

Evidence may be admitted for one purpose but not for another or against one party but not against another

  • Court must restrict the evidence to its proper scope and instruct the jury accordingly
19
Q

What is the Completeness Rule?

A

When party introduces part of a writing or recorded statement:

  • Adverse party may compel intorduction of an omitted portion of the writing or statement
  • If, in fairness it should be considered at the same time with the original writing or recording
20
Q

What are the 3 levels of the burden of persuasion?

A
  1. Preponderance of the evidence
  2. Clear & convincing Evidence
  3. Beyond a reasonable doubt
21
Q

What is the civil standard for the burden of persuasion?

A

Preponderance of the evidence

22
Q

What is the burden of persuasion for motion to suppress?

A

Preponderance of the evidence

23
Q

What is the burden of clear and convincing evidence reserved for?

A
  1. A criminally related civil case (fraud)
  2. Validity of a will
  3. Validity of a deed
  4. Insanity defense burden
24
Q

What is the burden of Persuasion in criminal cases?

A

Beyond a reasonable doubt

25
Q

Burden of Production

A
  1. The party with the Burden of Production must:
  • produce legally sufficient evidence as to each element of a claim or defense
  • so that a reasonable trier of fact could infer that the alleged fact has been proved
26
Q

Prosecutor/Plaintiff Meets Burden of Production

A

He has made a prima facie case

27
Q

Failure to meet Burden of Production

A

Can result in directed verdict against the party bearing the burden

28
Q

What are two main ways to shift a burden of production?

A
  1. Affirmative Defenses
  2. Presumptions
29
Q

What are presumptions?

A
  • Conclusion the trier of fact is required to draw
  • as to the existence or nonexistence of a fact
30
Q

When does a presumption arise?

A

When a party advances one set of facts that gives rise to another set of facts

  • Rebuttable Presumption - Presumption Can be overcome by evidence to the contrary
  • Conclusive Presumption - Can’t be overcome
31
Q

What are the role of presumptions in criminal cases ?

A

Presumptions are not allowed in criminal cases

32
Q

What presumptions are irrebutable ?

A

Presumptions created by statute or common law

33
Q

Effect of Rebuttable Presumption

A

Shifts Burden of Production to opposing party

34
Q

Effect of Conclusive Presumption

A

Can’t be challenged by contrary evidence

35
Q

Destruction of Evidence

A

Raises a Rebuttable Presumption that evidence would be unfavorable to the destroying party if the other party establishes:

  1. Destruction intentional
  2. Evidence relevant, and
  3. Other party acted with due diligence as to destroyed evidence

Evidence (13 decks)

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