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Evidence > Rules > Flashcards

Rules Flashcards

FRE Rules

1
Q

Rule 101 - Scope of Rules

A

FRE’s only apply in Federal Courts subject to rule 1101

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2
Q

Rule 1101(a) - Courts and Judges

A

FRE’s apply in

  • district courts
  • bankruptcy courts
  • us courts of appeal
  • fed claims ct.
  • tax ct.
  • not in US Sup. Ct.
  • not in agency hearings
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3
Q

Rule 1101(b) - Cases and Proceedings

A

FRE’s apply in

  • civil cases (including bankruptcy)
  • criminal cases
  • contempt hearings (unless court can act summarily)
  • only at trial
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4
Q

Rule 1101(c) - Privilege

A

Rules of privilege apply at all stages of trial

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5
Q

Rule 1101(d) - FRE’s not applicable

A
  1. prelim questions of fact
  2. grand-jury
  3. misc
    - - extradition
    - - issue arrest warrant
    - - prelim exam (crim)
    - -sentencing
    - -probation decisions
    - -bail considerations
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6
Q

601 - Competency

A

Every witness is competent to be a witness unless the rules provide otherwise.
In civil cases state law governs competency on issues state supplies the law
requirements
1. appreciate must tell truth
2. minimally capable of observation
3. capable of recollection
4. capable of communicating events.

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7
Q

602 - Personal Knowledge

A

A witness can testify if evidence supports they have personal knowledge. Can be established by witness own testimony. Exception for 703 (experts)

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8
Q

603 - Oath and Affirmation

A

witness required to give oat and affirmation to tell truth. Form only requires to impress duty to witness. Sometime young and and other may not testify.

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9
Q

604 - Interpreter

A

Must be qualified and make an oath or affirmation

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10
Q

605 - Judge Witness

A

The presiding judge may not testify. No need to object.

offering facts, their experiments etc.

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11
Q

606 - Jurors

A

A juror may not testify before fellow jurors.
Judge must give opportunity to object outside of jury’s presence.
(typically juror disqualification)

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12
Q

609(a)(2)

A

Evidence of conviction must be admitted if elements of crime require proving witness’s dishonest act. (fraud etc.)

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13
Q

609(b) 10 Year Rule

A

10+ years passed since conviction/release from confinement. conviction admissible if:

  1. probative value substantially outweighs prejudicial value, and
  2. proponent gives adverse party written notice and fair opportunity to contest.
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14
Q

609(c) - Pardon, Annulment, Rehabilitation

A

not admissible if:

  1. subject to Pardon etc. and person has not been convicted of later felony
  2. pardon/annulment based on finding of innocence
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15
Q

609(d) - Juvenile Adjudications

A

Allowed only if: used in a criminal case; witness is not defendant; adults conviction attacks credibility, necessary to fairly determine guilt.

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16
Q

609(e) - Appeal of conviction

A

Pendency of an appeal does not affect the admissibility of a conviction allowed under 609

17
Q

106 - Remainder of Related Writing etc.

A

If party introduces part of writing/recorded statement, adverse party may require introduction, AT THAT TIME, other parts that fairness ought to consider.

18
Q

404 - Character Evidence Crimes or Other Acts

A 
Evidence of a persons character inadmissible to prive they acted in accordance with character.
Unless admissible under
- 607 - impeachment
- 608 - character for truthfulness
- 609 - previous crim convictions
19
Q

405 - Methods of Proving Character

A

on direct, can use witness general statements of character.
On Cross, can make good faith inquiry to specific instances of conduct

only admissible if character is at issue and is element of crime, child custody, entrapment negligent entrustment.

20
Q

607 - Who may Impeach

A

Any party may impeach a witness

21
Q

608 - Witness Character for Truthfulness

A

a. witness’s character may be attacked or supported by testimony in the form of an opinion. Evidence to support only allowed after being attacked.

b. EXTRINSIC evidence NOT admissible to prove SPECIFIC instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
1. the witness; or
2. another witness whose character the witness being cross-examined has testified about

22
Q

610 - Religious Beliefs/Opinions

A

evidence of religious beliefs not admissible to attack or support truthfulness. (ok to prove bias, damages, motive)

23
Q

611 - Mode and Order of Examination

A

.

24
Q

612 - Refreshing Memory

A

.

25
Q

613 - Witness Prior Statements

A

.

26
Q

614 - Court Called Witness

A

Court may call witness on its own - both parties can cross.
Court may examine any witness
Any party can object at time or when jury is gone.

27
Q

615 - Excluding Witnesses

A

At parties request, court MUST exclude witnesses. Exception:

  • party
  • employee representative
  • persons whose presence is essential
  • authorized by statute
28
Q

401 - Relevance

A

evidence that has ANY tenancy to make a FACT OF CONSEQUENCE more of less plausible.

29
Q

402 - Irrelevant

A

evidence that is not relevant is inadmissible.

30
Q

403 - Prejudice, Confusion, Waste of Time

A

court MAY exclude ADMISSIBLE evidence if probative«<

31
Q

407 - Subsequent Remedial Measure

A

measures taken that would have made earlier injury less likely are inadmissible to prove:
- negligence
- culpable conduct
- defect
- need for warning.
can be used to impeach (contrary, absolute, personal involvement statements.)
if disputed can be used to prove ownership, control, feasibility.

32
Q

408 - Settlement Offers/Negotiation

A

Evidence of settlement offers and statements/conduct made about CLAIM during settlement negotiation are inadmissible to prove and amount, claim, impeachmentt. Can be use to prove:

  • bias/prejudice
  • negating contention of undue delay
  • if offered in crim case and related to CLAIM made by public office in its regulatory duty.
33
Q

409 - Medical Expense

A

offers to pay medical expense or bills, made at any time, are not admissible to prove liability. (not applicable to personal property.)

34
Q

411 - Insurance

A

Evidence of or lack of liability insurance is inadmissible to prove negligence. Can be used to establish bias or ownership. (this does not cover non liability insurance)(jx split on indemnification)

35
Q

410(a) - Criminal Plea Bargain (prohibited)

A

In crim or civil case following not usable AGAINST defendant.

  • withdrawn guilty plea
  • nolo contendre
  • statement made during Fed Crim Pro 11
  • statement made during plea discussions with prosecutor present
  • – Subjective test -your thought it was a plea negotiation
  • –Objective test - reasonable person would have thought the same.
36
Q

410(b) - Criminal Plea Bargain (exceptions)

A

court may admit statement made during plea discussion if defendant introduces statements made from those discussions and fairness dictates they be admitted together
fairness factors
- evidence in case
- degree of harm to D
- was first statement misleading with second

OR
charges are for perjury and statements were made
- under oath
- on the record
- with counsel present

Evidence (2 decks)

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