General provisions Flashcards

1
Q

prelim determinations of fact by a J: FRE apply?

A

nope

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

GJ proceedings: FRE apply?

A

nope

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Probation & sentencing proceedings: FRE apply?

A

nope

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

getting a warr: FRE apply?

A

nope

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

bail proceedings: FRE apply?

A

nope

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

For an ev ruling to be reversed on appeal for error, D must show

A

1) prejudicial error exists (harmless error test)
AND
2) if saying improper admission: proper objection
OR
if saying improper exclusion, proffer on the record of what the W would have said

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

___ bears the burden to _____ by ____ ; ____ decides ___ and ___ decides ___.

A

the party seeking admission bears the burden to establish preliminary facts such as competency, qualification of Ws, unavailability or priv by a prep of the ev. J makes a prelim factual determination of admissibility of ev.

Jur decides weight and credibility of the ev.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

if 1 party introduces a writing or recorded statement or part thereof, the adverse party may–

A

req the introduction of any other part that in fairness ought to be considered at the same time.
Rule of completeness.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly