Evidence Flashcards
(22 cards)
Define rule 101: Scope; Definitions
Scope: rules apply to proceedings in US courts
Define rule 102: Purpose
These rules should be considered so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and to administer justice
Define rule 103(a): Preserving a Claim of Error
(1) if the ruling admits evidence the party, on the record must timely object and state the specific ground
(2) if the ruling excludes evidence, a party must make an offer of proof
Define rule 201: Judicial Notice of Adjudicative Facts
generally known within the jurisdiction, and can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned
Define rule 301: Presumptions in a Civil Case Generally
a party against whom a presumption is directed has the burden of offering evidence to rebut the presumption
Define rule 302: Applying State Law to Presumptions in Civil Cases
state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision
Define rule 401: Test for Relevance
Evidence is relevant if:
(a) it has a tendency to make a fact more or less probable than without it
(b) is a fact of consequence in determining the action
Define rule 402: General Admissibility of Relevant Evidence
relevant evidence is admissible unless law/rule provides otherwise
irrelevant evidence is not admissible
Define rule 403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or other Reasons
evidence is inadmissible if it’s probative value is substantially outweighed by a danger of: unfair prejudice, confusing the issues, misleading the jury, wasting time, or needless cumulative evidence
Under Rule 404 (Character Evidence, Crimes or Other Acts), what are the prohibited uses for character and/or traits?
Evidence of a person’s character or trait is not admissible to show they acted in accordance with that trait on a particular occasion
Under Rule 404 (Character Evidence, Crimes or Other Acts), what are the exceptions for a defendant or victim a criminal case for character and/or traits?
a def may offer evidence of the def’s or vic’s trait, and prosecutor may offer evidence to rebut or of def’s same trait (as victim)
In homicide, prosecutor may offer evidence of vic’s trait of peacefulness if def claims self defense
Under Rule 404 (Character Evidence, Crimes or Other Acts) what are the prohibited uses for crimes, wrongs, and other acts?
not admissible to prove a person’s character (to show they acted in accordance with that character on a particular occasion)
Under Rule 404 (Character Evidence, Crimes or Other Acts), when may a crime or other act be used in a criminal case?
for another purpose (motive, intent, plan, knowledge…), Prosecutor must provide reasonable notice before trial
What are the two “Methods of Proving Character” under rule 405?
(a) by reputation or opinion: when character is admissible, it may be proved by opinion, on cross-x inquiry into specific instances is allowed
(b) by specific instances of conduct: when character is an essential element to a charge, claim, or defense, character may be proved by specific instances
Define rule 406: Habit, Routine Practice
may be admitted to prove that on a particular occasion a party acted in accordance with the habit or routine practice
What are the factors is determining whether something is a habit or a routine practice under rule 406?
(1) specificity of conduct
(2) distinctness of the situation
(3) regularity of conduct
Define rule 407: Subsequent Remedial Measures
not admissible to prove: negligence, culpability, defect in a product/design, need for a warning, but may be used for impeachment or, if disputed, ownership, control, feasibility of precautionary measures
Define rule 408: Compromising Offers and Negotiations
not admissible to either to prove or disprove the validity or amount of a disputed claim, or to impeach by a prior statement or a contradiction
Define rule 409: Offers to Pay Medical and Similar Expenses
not admissible to prove liability for the injury
Define rule 410: Pleas, Plea Discussions, and Related Statements
not admissible unless another statement has been offered from the same discussion, or in a perjury proceeding
Define rule 411: Liability Insurance
not admissible to prove whether the person acted negligently or wrongfully. May be used to prove agency, control, or witness bias
Define rule 412. Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition
may not be used except in crim cases to prove someone else was the source of semen, previous sexual conduct with def, or evidence whose exclusion would violate def’s constitutional rights
