Admissability, Appeal, and objections

Question 1

Rule 402. General Admissibility of Evidence.

Answer 1

Evidence is admissible UNLESS there is a reasonable reason why it can’t be

(a rule)

Question 1

With facts, you only can bring up a fact when it is…. to the case

Answer 1

relevant

Question 2

The rules act as a ____ to the courthouse

Answer 2

filter

Question 3

Who can appeal a judgement?

Answer 3

Anyone, except the prosecution in a criminal case

Question 3

When evidence is let into court, it first goes to ____ then ____

Answer 3

wait, then admissibility

Question 3

In wait, the court decides

Answer 3

if the evidence is believable

Question 3

Who can appeal a judgement?

Answer 3

Anyone but the government in criminal cases.

Question 4

Preliminary facts

Answer 4

facts that must be proved to make evidence admissible

Question 4

Rule 103. Rulings on Evidence

Answer 4

Preserving a Claim of Error

Question 5

3 requirements to appeal a courts error in appealing evidence law

Answer 5

1. Preserve issue for appeal
2. Persuade the appellate court that the Trial Court made an error in admitting that or excluding evidence
3. Convince the appellate court that the error affected a substantial right of the party

Question 5

Rule 103(a) Rulings on Evidence:
What to do if a claim is erroneously admitted into evidence

2 points

Answer 5

1. make a timely objection to the evidence on record and
2. state the specific ground for objections

Question 5

the rule for not stating the specific ground for an objection if

Answer 5

the ground is apparent from context

Question 5

“timely objection”

Answer 5

• stated as soon as the basis for objection is clear.
  -Preferably after the question is asked and before the answer was given.
• but if answer given too fast, immediately after the question

Question 5

When claiming that the court erroneously excluded evidence, the party must give

Answer 5

an “offer of proof” to the trial court

Question 6

When claiming that the court erroneously excluded evidence, the party must make an offer of proof. This requirement is excluded if

Answer 6

the substance of the excluded evidence is apparent from the context

Question 7

an offer of proof is needed when claiming that a court erroneously excluded evidence because it

Answer 7

makes a record of what the excluded evidence would have been

Question 8

When claiming that the court erroneously excluded evidence, the party must make an offer of proof. This requirement allows what two things

Answer 8

1. The court to fix their ruling
2. the Appellate court to determine if the trial court actually made an error

Question 9

An exception of the “offer of proof” is the doctrine of

Answer 9

Plain error (rule 103(e))

Question 10

Doctrine of plain error (rule 103(e))

Answer 10

The error is so obvious that it shouldn’t be needed to alert the trial court to the problem

Question 11

When the Appellate court reviews an error claim and reverse the matter if…

Answer 11

the error affected a substantial right of the party

Question 12

an error that affected a substantial right of the party, typically means

Answer 12

the error substantially swayed the jury in rendering its verdict or had a material effect on the verdict

Question 13

When deciding to object: what three things should you know?

Answer 13

1. Objectional
2. Why objectional
3. The tactical reason why, strategically.

Question 14

2 ways to object in court without having the jury hear

Answer 14

1. sidebar
2. remove the jury from the room through commondeering witness?

Question 15

A error that effects a “substantial right” means it

Answer 15

effects the outcome of the trial

Question 16

What is the term for all the information you need to give the appellate court for an appeal called?

Answer 16

record of appeal

Question 17

What is included in a record of appeal

Answer 17

1. all docs from the trial court 2. Transcript of the trial court 3. Important exhibits

Question 18

Difference between a objection and a motion to strike ## Footnote ☆

Answer 18

objection- before the witness speaks motion to strike- after witness speaks, tell the jury to disregard.

Question 19

Rule 403. The trial court "may" exclude evidence if the court find that the probative value of the evidence is substantively outweighed by what 4 things ## Footnote ☆

Answer 19

1. unfair practice 2. confusion 3. dely 4. waste of time

Question 20

Rule 611 empowers the trial court to exercise control over mode and order of what 4 things ## Footnote ☆

Answer 20

1. interrogation of witnesses 2. scope 3. cross-examination 4. use of leading questions

Question 21

Under Rule 403, it is only fair to say the court erred in excluding evidence if

Answer 21

the trial court "abused" its discretion (hard to prove)

Question 22

Rules including evidence is a _____ standard of admissibility

Answer 22

fixed

Question 23

Rules in application can be ____ or ____

Answer 23

fixed or flexible

Question 24

4 examples of rules excluding evidences ## Footnote ☆

Answer 24

1. 403: when creates unfair practice, confusion, delay, waste of time (dangers) 2. 402: Irrelevant evidence is in admissible 3. 804: Heresay exceptions only applies if the court declarent is unavailable to testify at trial 4. Best Evidence Rule

Question 25

"de novo" review is also called

Answer 25

review for "error of law"

Question 26

"de novo" review is a term for

Answer 26

standard review for alleged errors

Question 27

# On appeal: What does finding an error not automatically do

Answer 27

create an reversal

Question 28

When finding an error what is required for a reversal

Answer 28

the error must be prejudicial | meaning it had real consequences on the trial

Question 29

Judicial Notice allows the courts to...

Answer 29

assume the evidence of facts when those facts are well known and indisposable

Question 30

# Rule 103: Rulings on Evidence How to put an objection on record

Answer 30

A) Timely objects or moves to strike B) State specific grounds (Unless apparent)

Question 31

On appeal, if evidence was excluded, the party must give the court

Answer 31

an offer of proof, unless the substance was apparent from context

Question 32

How to get an "Offer of proof"

Answer 32

ask to approach the bench to put on record the proof. Typically have the jurors moved out of the room first.

Question 33

What counts as the "offer of proof"

Answer 33

The evidence itself is the proof even if it is denied

Question 34

The Appellate court may want the offer of proof, in what form

Answer 34

Q and A

Question 35

When do you claim "plain error"

Answer 35

When you botched the case, YOU ALWAYS SHOULD OBJECT

Question 36

Rule 103(b): Not needing to renew on objection on offer of proof

Answer 36

once the court rules 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 37

NC: how to preserve on record

Answer 37

You have to object - at trial - at the time the evidence was offered - in front of the jury

Question 38

NC: How to get the order of proof

Answer 38

- give the order in proof by making the objection again (against the federal rule 103: Rulings on evidence)

Question 39

Raising an error at pretrial

Answer 39

Not efficient - need to raise it again during the trial (need to raise it in front of the jury in NC)

Question 40

Speculation Objection ## Footnote ☆

Answer 40

lack of personal knowledge

Question 41

Voir Dire the witness

Answer 41

Remove the jury to talk to the witness to find info to object, before they say it in front of the witness

Question 42

If a witness says that they precieved, understands, etc their testimony then...

Answer 42

The evidence is allowed in and the jury can determine it's validity

Question 43

# Type of objection Reporting something someone else said

Answer 43

hearsay

Question 44

# Problem? I had a dream that I saw them kill them

Answer 44

Problem with Personal Knowledge, they is no preception of the event

Question 45

# Problem? I had a dream I shot them

Answer 45

May testify for intention

Question 46

How can evidence be both admissible and inadmissible

Answer 46

Context, evidence may be admissible for one thing and not for another. | Can offer evidence for different reasons

Question 47

# Personal Knowledge Can a doctor have notes to refresh memory

Answer 47

Yes

Question 48

# Persoanl Knowledge What does the "Oath of Affirmation" Requirement do

Answer 48

Sets the witness up for purgery

Question 49

A rule stating that something must be authenticated to be admitted, provides basis for

Answer 49

Objection when the requirement has not been satisfied