OBJECTIONS
RELEVANCE
403
403
MISCELLANOUS
100
What an appellate court can do if a party fails to object to testimony that would be inadmissible if an objection were made.
What is under the plain error rule, the court may on its own motion, prevent the witness from testifying or strike it from the record if the witness has already testified?
100
Evidence that has high probative value is very relevant to determining the outcome of the case
What is part of the relevance standard?
100
Evidentiary factors that are likely to influence judicial decisions under Rule 403 (in weighing the prejudicial effect against the probative value of evidence).
What are the extent to which evidence arouses emotions or irrational prejudices, possibility that jury will overvalue evidence and the strength of connection between facts in evidence and facts of consequence?
100
In ________ trials, attorneys are most likely to argue waste of time/undue delay as a basis for excluding evidence under FRE 403
What are bench trials?
100
The ways in which the court if admitting evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — must, on timely request, restrict the evidence to its proper scope and instruct the jury
What is redaction, curative and/or limiting instructions?
200
What an attorney must do in order to object to evidence that is already in the record an attorney
What is file a motion to strike?
200
Evidence in fact must have some tendency to make a fact of consequence more or less likely in order to be admissible under the FRE.
What is part of the relevance standard?
200
Evidence that is likely to lead jurors away from their duty to weigh the facts under the legal standards supplied by the judge.
What is unfair prejudice?
200
True or False: If evidence carries equal probative value and unfair prejudice, the trial court judge may exclude it under the FRE (403).
What is false?
200
In order for an appellate court to take notice of a plain error, the error must be clear and obvious at the time of appeal and effect a substantial right of the party.
What is the plain error rule?
300
The FRE standard for objections (i.e. timing and nature)
What is the rule that objections must be timely and specific?
300
Evidence that has any tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence in determining the action.
What is the TWO part standard for determining relevance?
300
The judge may exclude probative evidence that is substantially outweighed by one or more specified harms
What is the trial court's discretionary power (under 403)?
300
Relevant evidence may be excluded (under FRE 403) if its probative value is....
What is substantially outweighed...
300
Once the court rules definitively on the record — either before or at trial — a party does not have to renew an objection or offer of proof to preserve a claim of error for appeal
What is the FRE for renewing objections?
400
When an attorney attempts to prove the substance of challenged evidence
What is makes an offer of proof?
400
The amount of discretion that judges have in making relevancy determinations under the FRE
What is alot (broad) of discretion?
400
The U.S. Supreme Court ruling that in felony-in-possession cases, the prosecution cannot introduce evidence of the name and nature of the defendant's prior felony conviction if the defendant has already stipulated that fact.
What is Old Chief?
400
True of False: If demonstrative evidence is different from what actually happened, it is more likely to be admissible.
What is false?
400
If the appellate court finds that the trial judge abused its discretion in admitting or excluding evidence, but such error is harmless
What is harmless error?
500
An appellate court can take notice of plain error (affecting a substantial right) even if the claim of error was not sufficiently preserved during the trial.
What is the plain error rule?
500
A fact that is by its very nature of consequence to the outcome of the case.
What are facts of consequence?
500
The trial court's power to consider persuasive advocacy of: the relevance vs. potential harmful effect of evidence that has not yet been admitted.
What is the trial court's discretionary power (under 403)?
500
If the image presented is gruesome or grisly, but accurately represents the underlying facts, it is probably admissible.
What is true?
500
Facts that are "unstable" - so if initially irrelevant can become relevant depending on the nature of new facts introduced throughout the trial process.
What are facts in evidence?
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