Case Law
It allows you to use inadmissible evidence to decide is something else is admissible.
What is Zomerfeld v. Noto?
It has a _______ to make a material fact more or less likely under Rule 401?
What is a tendency?
These exhibits are pre-admitted if Ashley Connell testifies.
What are Exhibits 5 and 32?
They are this, not their representative.
What is the party?
What is an oral assertion, a written assertion, or nonverbal conduct if the person intended it as an assertion?
Those are the reliability factor of Tarot
What is:
1. whether the theory or technique has been or can be tested,
2. whether it has been subjected to peer review and publication,
3. whether it has a known error rate, or
4. whether it has gained widespread acceptance within the field
Rule 403 bars relevant evidence if the _________ of unfair prejudice, misleading the jury, confusing the issues, wasting time, or needlessly presenting cumulative evidence substantially outweighs the probative value.
What is danger?
Exhibits 29a-c are preadmitted in this context, pursuant to Stipulation 14.
What is: when Doolittle is NOT testifying
Witnesses are this, sometimes called separated.
What is sequestered?
A statement is admissible if it is a statement of this under Rule 803(3)
The declarant's
A. then-existing state of mind (such as motive, intent, or plan)
or
B. emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health)
But not a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant's will.
Statements which by their existence impose legal responsibilities and grant legal rights upon the parties thereto are admissible as non-hearsay. For example, a contract executed by both parties would be admissible to establish the terms thereof.
What is a verbal act?
This rule states that opinions are not objectionable just because they embrace the ultimate issue.
What is Rule 704?
These are the "documents" other than the numbered exhibits that are relevant per Stipulation 2.
What is: nothing.
You publish to the jury, but do this to the bench
What is tender?
This rule is codified in FRE 801(d)(2)(D)
What is the hearsay exemption for party's agent or employees on a matter within the scope of that relationship and while it existed.
The statements made in State v. Berkeley De La Porta.
What is:
- the investigating agent knew the Defendant was involved;
-that the Defendant was a mastermind and
-that the heist was of the sort the Defendant would commit; and
-that the Defendant would be his.
Because the Defense disputed these assertions, it cannot be reasonably argued that any part of the Agent’s statement was offered to prove the truth of the matter(s) asserted. As such, the statement is definitionally not hearsay
These enumerated purposes qualify as proper uses of character evidence, notably because they aren't being used to prove propensity with a character traits.
What is motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident?
These exhibits have had hearsay (only) objections waived in all trials
What are the bank statement (22), the legal complaint (23), the resignation letter (24), and the Hopsson-Doolittle-Doos emails (25).
When you want to object, but just have a question.
What is point of order?
A statement against interest is an exception for unavailable witnesses under 804(b)(3) if this occurs.
and
2. Meets additional factors in a criminal case
This is the case that prohibits asking witness A if witness B is telling the truth or lying, but permits asking if testimony is inconsistent or aware if they are aware of any reason they are lying.
What is Graham v. Duckworth.
This is the rule that governs the procedure for presenting a witness's character for truthfulness and is an exception to the character evidence rule under MRE 404(a)(3)
What is Rule 608?
Exhibit 8 can be relevant to show this under Pretrial Order 7.
What is intent to change his will?
It's like a cross examination, but it's not in front of the jury.
What is a voir dire?
This qualifies as a dying declaration for unavailable witnesses under Rule 804(b)(2)
What is, in a prosecution for homicide or in a civil case, a statement that the declarant, while believing the declarant's death to be imminent, made about its cause or circumstances.