General Evidence Rules
This rule requires the judge to decide questions prior to trial regarding questions of admissibility.
What is a preliminary hearing?
When an element is the statement. When the content isnt the issue, just the words being spoken at all. To show an effect on the listener.
What is independent legal significance?
Any tendency.
What is the degree of relevancy required?
What is compentent witnesses?
Character evidence cannot generally not be used unless it is to prove this.
What is a pertinent trait?
This type of motion is filed before a trial to exclude evidence before a Jury hears it.
What is a motion in limine?
Statements made by the party opponent. Statements adopted to be true. Statements made by an authorized agent. Statements made within the scope of the relationship. Statements made by a co-conspirator in furtherance of the conspiracy.
What are statements by a party opponent?
Unfair prejudice, misleading the jury, confusing the issues, undue delay, wasting time, needlessly cumulative.
What is the risk of presenting relevant evidence?
A witness must be able to convey what they perceived and cannot have a personal interest in the outcome of the case.
What is the NC rule of Witness competency?
Generally character evidence against a defendant cannot be admissible unless the defendant does this first.
What is 'opening the door'?
This must be raised in a timely manner at the time of the question or statement.
What is an objection?
Dying declarations, prior testimony that was properly given chance to advance, a witness' self-incriminating statement, prior personal or family history.
What are exceptions requiring declarant unavailability?
Evidence of an event sharing similar facts to the case at hand.
What are Specific instances?
Perception, understanding, sincerity, narration.
What are the four factors for determining personal knowledge?
convictions of crimes with a possible sentence exceeding a year in prison or a crime of dishonesty. Must not be more than 10 years old and not expunged. Civil case does not require conviction. Criminal does.
What is using convictions to prove character?
Original is preferred, duplicate is fine unless contested or original cannot be located due to no fault of purporting party, extrinsic evidence is permitted if destroyed due to no fault of purporting party, summaries.
What are the ways to present BER evidence?
This requires an analysis of each statement and a determination of validity for all to be admissible.
Hearsay within Hearsay.
This principle allows courts to recognize facts not subject to dispute within their jurisdiction.
What is judicial notice?
Evidence of prior dishonest conduct/convictions used to prove [dis]honesty, prior inconsistent statements, bias, reputation/opinion statements, habit/routine, subsequent remedial measures (sometimes).
What is methods of impeaching a witness' credibility?
Sexual history cannot be used against a victim unless it is to prove this.
This term describes a party's request to strike testimony after an objection is sustained.
Motion to Strike
Records. Party opponent. Time sensitive statements. Statements made resulting in medical treatment.
What are exceptions where unavailability is irrelevant?
A party may request to have seemingly irrelevant evidence admitted with a promise to show its relevancy at trial.
What is an opportunity to be heard?
privilege, refusal to testify, cannot be found - but not for lack of trying, death or serious ailment, cannot remember.
What is witness unavailability?
When character is an element of these crimes, then habit, routine/opinion, specific instances, can be used against the defendant.
what is offenses involving character, such as negligent hiring/retention?