Simple Rules Flashcards
(24 cards)
When do the Federal Rules of Evidence apply?
Federal Trials
What courts are covered by the FRE?
- US district courts
- US courts of appeals
- US courts of Federal Claims
- District Courts of Guam, Virgin Islands, and Northern Mariana Islands
What proceedings are covered by FREs?
- Civil cases (including bankruptcy, admiralty, and maritime cases)
- Criminal Cases
- Contempt proceedings (Except when the court acts summarily - i.e., finds someone in contempt of court on the spot)
When do the ruels of privilege apply?
At all stages of a case or proceeding (including pre-trial, post-trial, etc.)
When are the FREs inapplicable?
No jury, no rules! Proceedings that don’t involve juries
What are some proceedings that don’t involve juries?
- Preliminary questions of fact (determining admissibility of co-conspirator statement)
- Grand Juries
- Pre-trial hearings
- Post-trial hearings (e.g., sentencing)
- Proceedings for extradition or rendition
- Issuance of warrants for arrest
How are FREs amended normally?
- Congress
- SCOTUS
- Panels of experts
all are involved in amendment process
Can Congress act alone and amend FREs?
Yes. For example, the Hinckley rule was added because everyone was mad about Regan’s assassinator being found guilty by reason of insanity
What are the 3 purposes of FRE
- to administer proceedings fairly
- to eliminate expense and delay
- to ascertain the truth
What two things need to happen so a party can appeal an evidentiary ruling?
- Error affects a substantial right of a party
- You have the trial judge a chance to get it right
When trying to appeal an evidentiary ruling, what is required with respect to giving the trial judge a chance to get it right?
- the matter must be properly preserved through a timely objection, motion to strike or offer of proof
- Must state the specific ground for objection, unless it is apparent from the context
- HOWEVER, if there is a plain error, you don’t have to object (but still should)
Do you have to object when there has been a plain error?
No!
What 3 preliminary questions do a judge decide?
- Whether a witness is qualified
- Whether a privilege exists
- Whether evidence is admissible
What is the only thing judges can’t consider when making a decision regarding a preliminary question of fact?
Privileged information
Is the court bound by evidence rules when making a decision on a preliminary issue of fact?
No! judges have considerable discretion.
What can happen if evidence is admissible for one purpose but not for another?
The judge can tell the jury to only consider it for its proper purpose
What is the remainder of writing or statements rule?
When one side talks about one spect of a writing/recording, that opens the door for the other side to talk about other aspects of that writing/recording
What are two related rules to the remainder of writings or statements rule?
- present recollection refreshed
- past recollection recorded
When one side gets to introduce an exhibit for a certain purpose, the other side will have access to that exhibit too, to the extent they can introduce it inot evidence
What is the rule regarding judicial notice?
The court, on its own motion or a party’s motion, may take judicial notice of facts that are beyonf reasonable dispute, and this judicial notice binds the jury only in civil cases
DOES NOT BIND JURIES IN CRIMINAL CASES
Can judicial notice be taken on appeal?
No
What is the basic idea behind the rule regarding presumptions in a civil case?
If a statute gives one side the ability to presume a helpful conclusion based ona fact, all that does is shift the burden of proof to the other side. i.e., now the other side has to do something, or the presumption controls.
What is an example of the presumptions in a civil case rule?
Under the “dead Man’s statute,” Lininger’s death will be presumed if he has been absent for 7 years. Now, if the insurance company doesn’t want Weiner to collect on the policy, it has the burden to produce evidence that Lininger is not dead. If they produce no evidence, Weiner automatically wins.
Where do presumptions come from?
If the state is supplying the substantive law, state supplies procedural rules for presumptions.
