Evidence

Question 1

Evidence

Answer 1

Under common law and FRE, evidence is every type of proof, presented in court and allowed by the judge, intended to help the fact finder reach a conclusion about facts material to the case.

Question 2

Relevance

Answer 2

Under FRE 401, evidence is relevant if: (1) it has any tendency to make a fact more or less probable then it would be without the evidence and (2) the fact is of consequence in determining the action.

Question 3

Discretionary relevance

Answer 3

Under FRE 403, the court may exclude relevant evidence if its probative /’pro betive/ 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 4

Character evidence

Answer 4

Under common law and FRE, character evidence is evidence offered to show the character or character trait of a party or witness. As a general rule, character evidence is not admissible to prove that a person acted in conformity with the character or character trait on a particular occasion, subject to several exceptions.

Question 5

Hearsay

Answer 5

Under FRE 801, hearsay is an out-of-court statement offered in evidence as an assertion /əˈsɜːrʃn/ to prove the truth of the matter asserted断言/主张.

Question 6

Exemptions from the Hearsay Rule

Answer 6

Under FRE 801(d), certain statements are exempted from the hearsay rule, including: (1) prior inconsistent statements given under oath as substantive evidence, (2) prior consistent statements, if the declarant /’deklə rnt/ is available for cross-examination, (3) prior statements of identification or description, and (4) an opposing party’s statements.

Question 7

Exceptions to the Hearsay Rule

Answer 7

Under FRE 803, certain statements are admissible despite the hearsay rule regardless of the declarant’s availability, including: (1) excited utterances /ˈʌtərəns/ 表达/说话, (2) present sense impressions, (3) statements of mental, emotional, or physical condition, (4) statements made for purposes of medical diagnosis/daɪəɡˈnoʊsɪs/ and treatment, (5) business records, (6) public records and reports, and (7) learned treatises. Other exceptions to the hearsay rule require that the declarant be unavailable, including: (1) dying declarations, (2) former testimony, and (3) statements against interest. Past recollection /rekəˈlekʃn/ recored requires that declarant be available.

Question 8

Best evidence rule

Answer 8

Under FRE 1002, best evidence rule states that an original writing, recording, or photograph is generally required in order to prove its contents; however, secondary evident of the writing, recording, or photograph may be used if the original is unavailable.

Question 9

Opinion testimony by Experts

Answer 9

Under FRE, expert opinion is admissible if: (1) the subject matter is proper for expert testimony, (2) the witness is qualified to testify on the issue, (3) the witness possesses reasonable certainty for the opinion, and (4) the opinion is supported by an appropriate factual basis.

Question 10

Impeachment

Answer 10

Under common law and FRE, impeachment is the process of calling the credibility of a witness into question. The primary method of impeachment is by cross-examination; other times, witness may be impeached by extrinsic evidence to cast a cloud of doubt on the witness’s credibility.