Relevance/Foundation
What rule are you objecting under when you object "relevance"?
401.
What is testimony being used for propensity purposes? What rule prohibits this testimony?
Testimony that is being used to show that because someone acted a certain way on one occasion, they were likely to act that way again on another occasion. This is not allowed under rule 404.
What is the difference between a laywitness and an expert witness?
An expert is able to form opinions and conclusions based on specialized knowledge, a laywitness is only able to testify based on their rationally based perception (what they've seen, heard, been involved in).
What is the definition of hearsay, and what rule prohibits hearsay from being used?
Hearsay is an out-of-court statement being used for the truth of the matter asserted. Rule 802 prohibits these statements.
What is a leading question? Give an example.
A leading question is one that contains the answer within it, e.g. "You knew she was in debt, didn't you?".
What is the burden for relevance?
The testimony makes something in the case more or less likely. This is a very low burden.
What makes a habit or routine practice different than character evidence? What rule allows this?
406 allows you to use a habit of a person or a routine practice of a business to exhibit how that habit or routine practice might've been used on the occasion in question. This is because habits and routine practices go to repetition rather than character.
What does SKEET stand for? How many of these does an expert need?
Skills, knowledge, education, experience, and training. An expert technically only needs one.
What does 801.d.2 allow you to do, and is a statement allowed under 801.d.2 considered hearsay?
801.d.2 allows you to put opposing party's statements onto the record. If a statement falls under 801.d.2, it is definitionally not hearsay.
Name three procedural objections.
Leading, asked and answered, badgering, argumentative, narrative, beyond the scope, non-responsive, compound, attorney testifying.
What is the burden for 403?
The prejudicial, misleading, or other value of the testimony substantially outweighs the probative value. This is a very high burden.
Give three examples of permitted uses of a crime, wrong, or other act under 404b.
Motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
What is the difference between 602 and 701?
You object 602 when the witness is testifying about something outside their personal knowledge. You object 701 when the witness is testifying about something outside their rationally based perception.
Define "non-truth purpose" and give an example.
A statement being given for a non-truth purpose is not being given to prove the contents of the statement itself, but rather, it is being given to prove something else such as subsequent action, mental state, knowledge, notice, etc.
Which rule are procedural objections based on?
611.
104.
What does rule 608 allow you to do?
This rule allows you to use a witness' character for truthfulness or untruthfulness for propensity purposes.
What are the prongs of 702?
702a - The conclusion must be helpful to the jury according to the expert's specialized knowledge.
702b - The conclusion must be based on sufficient facts and data.
702c - The conclusion must be the product of reliable principles and methods.
702d - The principles and methods must be reliably applied.
Explain the difference between present sense impression and excited utterance. Give an example for each.
Perform all the steps of entering Exhibit 14 into evidence.
Witness - "There's actually a manual that outlines the standards for utility companies."
"Would you recognize that manual if presented to you today in court?"
Approach opposing council and the witness with the exhibit according to the judge's preferences.
"Do you recognize this?"
"Is it a fair and and accurate copy?"
"Has it been changed or altered in any way since the last time you saw it?"
"Your honor, at this time, we move to enter Exhibit 14 into evidence."
Give three examples of testimony that might violate 403 in three different ways (you can't give 3 examples of the same violation).
More misleading than probative - The testimony is missing key context that might confuse the jury or cause them to think something that isn't true.
Needlessly cumulative - The testimony wastes the court's time because it is too long and too comprehensive.
When are you allowed to use a criminal conviction after ten years? What rule allows this?
609b allows evidence of a criminal conviction over 10 years old if:
a. The probative value is substantially higher than the prejudicial value.
b. Notice was given in captain's meetings.
c. It goes to the witness' character of truthfulness or untruthfulness.
d. It was punishable by a sentence of one year or more.
Define and explain 2 of these rules: 703, 704, and 705.
703 - An expert can rely on inadmissible evidence to come to their conclusions.
704 - An expert (or any witness) may embrace the ultimate issue, unless they are testifying to a mental state which constitutes an element of the crime in a criminal case.
705 - An expert is not required to disclose every single fact or data point they used to form their conclusion before that conclusion is stated, but they must be able to answer to them on cross.
Name the first 8 exceptions for hearsay under 803.
Perform all the steps of an impeachment by contradiction.
Commit the witness to their answer.
Ask, "Has that always been your testimony?"
Ask, "Do you remember preparing an affidavit/report in preparation for court?"
Ask, "You were told to include any and all relevant truthful information?"
Ask, "You had the opportunity to change or modify this affidavit at any time?"
Ask, "Would you recognize that affidavit if presented to you today?"
Present the witness' affidavit to opposing council and the witness according to the judge's preferences.
Ask, "This is your affidavit?"
Ask, "This is your name on the front and your signature on the back?"
Direct the court's attention to the specific line number the witness contradicted and read the lines aloud.
Ask, "Did I read that correctly?"
Re-ask the original question.