RELEVANCE
evidence that slightly increases the probability of a fact of consequence is considered [blank]
what is relevant?
in a homicide case, the defendant claims self defense. the prosecution objects and the defense argues back by attempting to show [blank]
what is evidence of the victims violent character to show the victim was the first aggressor?
a statement is offered by the prosecution to show its effect on the listener. the defense objects and the judge will likely [blank] the objection.
what is overrule the objection? due to the statement not being offered for the truth of the matter asserted, but instead to show the listeners state of mind or resulting actions.
a witness testifies to a fact and the opposing party introduces a prior inconsistent statement. the prosecution objects stating that the witness must have this opportunity before the prior statement is admitted.
what is the opportunity to explain or deny the inconsistency?
a witness may testify only if they have [blank] of the matter.
what is personal knowledge?
the prosecution offers flight evidence against the defendant. the prosecutor must connect the flightiness to [blank] in order for the jury to consider it
what is consciousness of guilt?
in a homicide case, the defendant offers evidence of the victims violent character. the prosecution introduces [blank] to rebut.
what is evidence of the defendants violent character?
the prosecution has a witness reads from their diary because they cannot recall the events. the defense objects on hearsay grounds. the judge will likely [blank] the objection.
what is overrule the objection? due to the qualification as recorded recollection, but only as long as the prosecutor does not attempt to introduce the record as an exhibit
a witness is impeached with a prior felony. the court must consider these factors before admitting the conviction.
what is weighing the probative value versus the prejudicial effect, credibility and similarity to the charged offense?
a judge may not testify in the trial which they preside over for this policy reasoning.
what is to maintain impartiality and avoid undue influence on the jury?
the prosecution tries to introduce evidence that creates jury sympathy but has almost no probative value. the defense argues that it will cause a verdict based on [blank] substantially outweighing the probative value
what is unfair prejudice?
a serial arsonist is arrested and is now facing trial. the prosectution wants to offer evidence of prior crimes and of the arsonist's [blank] to show the distinctive similarities that would only apply to the arsonist.
what is a signature?
a local police department prepares a formal report that includes statements from two bystanders to a felony assault case. the prosecution attempts to get the report entered as evidence for the trial. during preliminary evidentiary hearings, the judge will likely rule the report is [blank].
what is inadmissible? generally because such reports contain testimonial hearsay and observations prepared for prosecution.
a witness for the defendant's character for truthfulness is attacked by the prosecution. the defense attorney may do this to rebut.
what is introduce a witnesses character for truthfulness using other evidence?
the defense calls an expert witness in a patent law case regarding stolen particle acceleration methods. the expert relies on facts that were ruled on by the judge as inadmissible before the trial started. the prosecution objects to the expert's testimony. the judge is likely to [blank] the objection.
what is overrule the objection? because the expert reasonably relied on that type of information to form their opinion
this type of alternative suspect evidence is admissible only if the defendant shows a real, non speculative connection to the charged crime
what is evidence of third party guilt?
in a civil sexual assault case, the respondent wants to offer evidence of the plaintiff's sexual history. the evidence must pass a reverse of this rule to get in.
what is reverse 403-- the probative value substantially outweighs the potential harm or prejudice?
a business record includes statements from an outside bystander. the prosecution puts it in their list of evidence. the judge will likely that the report is [blank].
what is inadmissible? unless the source of the information also had a business duty to report for the embedded statement to qualify
the defense attorney asks a prosecutions witness about a specific act of dishonesty from four years ago. the defense attorney has these limitations while using this tactic.
what is the defense attorney must accept the witnesses answer and may not use extrinsic evidence to prove the act?
the prosecution calls a child in as a witness to a human trafficking trial. the defense objects to the child as a witness due to their age. a judge will likely [blank] the objection.
what is overrule the objection? competency of witnesses is focused on the ability to perceive, recall, and communicate, not the age of the witness.
evidence of a prior disciplinary action is usually irrelevant when it proves nothing about the specific event at issue and relies only on a "bad person did it again" inference
what is improper propensity reasoning?
a defendant argues lack of knowledge in a drug distribution case. the prosecutor works around propensity using these character evidence exceptions to introduce prior acts of the defendant that involve drug handling.
what is evidence to show knowledge, motive, opportunity, plan and other non-propensity purposes?
a declarant makes a statement implicating both themselves and the defendant in an armed robbery. the defense objects to the portion implicating the defendant. the judge will likely [blank] the objection.
what is sustain the objection? unless the corroborating circumstances clearly indicate reliability and it does not improperly shift the blame to the defendant.
a defendant does not testify. the prosecution tries to offer evidence of the defendants prior convictions to impeach the defendant. the defense objects. the judge will likely [blank] the objection.
what is sustain the objection? because impeachment via convictions only apply when the witness testifies.
a juror claims that during deliberations, him and the rest of the jurors misunderstood a key legal instruction. the deliberation resulted in a not guilty verdict. the prosecution attempts to get the juror to testify to get the verdict overturned. the judge will likely rule this way on whether or not the juror can testify.
what is no? jurors may not testify about internal deliberations, even if the reasoning was flawed.