Relevance & Character Evidence
Evidence is considered admissible under this threshold if it makes any fact of consequence more or less probable.
What is relevance?
This threshold requirement mandates that a witness have firsthand awareness of what they testify to.
What is personal knowledge?
This term refers to a statement made outside of court that is offered to prove the truth of what it asserts.
What is hearsay?
These witnesses can offer opinions if they’re based on firsthand knowledge and helpful to the jury.
What are lay witnesses?
When proving the content of a document, a party generally must introduce this version.
What is the original document?
These types of acts may be admissible to show motive, opportunity, intent, or identity—but not to prove character conformity.
What are prior bad acts?
Witnesses must declare to testify truthfully, fulfilling this foundational requirement.
What is the oath or affirmation requirement?
This type of prior statement is not hearsay when made by a witness in court who was previously subject to cross-examination.
What is a prior inconsistent statement made under oath?
This standard governs whether an expert’s methodology and reasoning are reliable and admissible.
What is the Daubert standard?
This form of proof is used when the original document is lost or destroyed.
What is secondary evidence?
In civil or criminal sexual misconduct cases, this rule generally bars evidence of the victim’s prior sexual conduct.
What is the rape shield doctrine?
To attack a witness’s credibility, a party may offer proof that the witness is biased or has this kind of impairment.
What is sensory or mental defect?
These two broad categories determine whether a hearsay exception requires the declarant to be available or not.
What are declarant-available exceptions and declarant-unavailable exceptions?
An expert may rely on this kind of information if professionals in the field would normally use it.
What is inadmissible data reasonably relied upon by experts?
A copy of a document may be used instead of the original unless this is genuinely in question.
What is the authenticity of the original?
A party may offer specific instances of conduct to prove character when this is an actual element of the case.
What is when character is in issue?
This form of impeachment involves showing that the witness made inconsistent statements outside of court.
What is impeachment by prior inconsistent statement?
This exception allows a statement made during a startling event to be admitted for its truth.
What is an excited utterance?
Experts cannot testify about this kind of ultimate issue in a criminal case.
What is a defendant’s mental state or intent?
When voluminous records cannot be conveniently examined, a party may use this to summarize them.
What is a summary chart or compilation?
Even relevant evidence may be excluded when its probative value is substantially outweighed by dangers like this.
What is unfair prejudice?
A party may inquire into these acts on cross-examination if they are probative of the witness’s truthfulness.
What are specific instances of dishonesty or deceit?
This exception applies when a declarant makes a statement that would subject them to criminal or civil liability.
What is a statement against interest?
This describes a court’s ability to call and examine its own expert.
What is court-appointed expert testimony?
A record kept in the regular course of a business may be admissible under this exception.
What is the business records exception?