Introduction of Evidence

Question 1

Jury decides questions of ____ and the judge decides questions of _____

Answer 1

fact; law

Question 2

Evidence admissibility is a question of?

Answer 2

law

-judge decides whether evidence is admissible

Question 3

Many evidentiary issues are decided prior to trial through?

Answer 3

motions in limine or preliminary hearings

Question 4

For preliminary factual decisions, the court is not bound by?

Answer 4

the federal rules of evidence (FRE)

Question 5

Preliminary hearings

Answer 5

conducted outside the presence of the jury in 3 circumstances:

1.when the issue is the admissibility of a confession in a criminal trial

2.when the defendant in a criminal case is a witness and makes that request; and

3. when the interests of justice otherwise require

Question 6

Evidentiary ruling can be reversed on appeal only if:

Answer 6

1. a substantial right of a party was affected and
2. the judge was notified of the mistake at trial and given a chance to correct it

Question 7

Plain error rule

Answer 7

Plain error is an error that was obvious to the reviewing court

Question 8

Two ways to notify the court to preserve it for appeal

Answer 8

1. Objection
2. Offer of proof

Question 9

Objection

Answer 9

If the court admits evidence that should have been excluded, must object or make a motion to strike and explain why the evidence should have been excluded

Question 10

Offer of proof

Answer 10

If the court excludes evidence that should have been admitted, must make an offer of proof on the record

(offer of proof is an explanation of the relevance and admissibility of the evidence)

Question 11

Limited admissibility (Rule 105)

Answer 11

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

Question 12

Rule of completeness (Rule 106)

Answer 12

Allows relevant portions of documents or recording to be admitted as necessary to complete other evidence

Question 13

Judicial notice

Answer 13

The courts acceptance of a fact as true w/o requiring formal proof (can happen at any stage of the proceeding)

Question 14

Judicial notice may not be taken against a?

Answer 14

criminal defendant on appeal

Question 15

How is judicial notice instructed to the jury in civil v. criminal cases

Answer 15

-Civil: court will instruct the jury that it must accept the fact as proven

-Criminal: court will instruct the jury that it may find that fact (not required)