Presentation of Evidence and Relevance

Question 1

Presentation of Evidence: How to object to evidence

Answer 1

-done via an objection (if you’re trying to exclude it) or an offer of proof (if you’re trying to include it)

Question 2

Presentation of Evidence: Plain Error Doctrine

Answer 2

Sometimes, the plain error doctrine can preserve the objection if the appellate court finds the lower court committed an obvious error (won’t ever be an answer tho)

Question 3

Presentation of Evidence: Rule 105

Answer 3

vidence can be admissible for 1 purpose, but not another. A Judge can give a limiting instruction on the evidences use

Question 4

Presentation of Evidence: Rule 106:

Answer 4

allows introduced evidence to have the other part brought in if the evidence would be distorted without it.

Question 5

Presentation of Evidence: Judicial Notice

Answer 5

Courts can take notice of facts if they are not subject to reasonable dispute(really obvious)
- Can’t be used for a criminal D on appeal,
- In civil trials the court can force the jury to accept it, in criminal they can only instruct that the jury may accept it

Question 6

Presentation of Evidence: Leading questions

Answer 6

Generally not OK on direct, OK on cross

But OK on direct if preliminary info, the witness is a kid and needs help, or the witness is hostile

Question 7

Presentation of Evidence: Burden of Proof

Answer 7

• Civil - preponderance of the evidence

-Criminal - Beyond a reasonable doubt

Question 8

Relevance: Rule 401

Answer 8

• All relevant evidence (meaning making a fact at issue more/less probable) is admissible, unless otherwise excludable

Question 9

Relevance: Rule 402

Answer 9

• Evidence must be material (relate to some issue in the case) and proactive (have a tendency to prove/disprove some fact)

Question 10

Relevance: Rule 403

Answer 10

Evidence that is relevant and not excluded may still be excluded if UP outweighs PV

Question 11

Relevance: Propensity Evidence

Answer 11

• evidence is being offered to prove that the person acted in accordance with their certain disposition or character

Banned

Question 12

Relevance: Rule 404

Answer 12

• Propensity evidence is allowed to show the D’s good character if it is pertinent to the crime charged
• D can offer propensity evidence of the victims character if it is pertinent

Question 13

Relevance: Propensity Evidence and “Opening the Door”

Answer 13

• If you use propensity evidence, it opens the door for the other side to ask specific examples on cross

Question 14

Relevance: Propensity Evidence Proof Forms

Answer 14

• Must be either opinion or reputation testimony

Question 15

Relevance: Rule 608

Answer 15

• 608(a) - Can use propensity evidence to impeach a witness’s credibility for truthfulness

-608(b) - Specific examples allowed on cross

Question 16

Relevance: Rule 609

Answer 16

• Can be used to impeach a witness’s credibility for truthfulness if:

-Past crime was a crime involving false statements or dishonesty

-It was a felony and UP does not substantially outweigh PV (But if the witness is the D, then only allowed if PV outweighs UP )

Question 17

Relevance: Prior inconsistent statements

Answer 17

• Can be used to impeach
• But if using extrinsic evidence, must give witness the chance to explain

Question 18

Relevance: MIMIC and Habit Evidence

Answer 18

• MIMIC: Motive, intent, mistake, identity, common plan/scheme”
• Habit: evidence of someones habit or routine
• these are not propensity evidence if the evidence is used to prove them