OBJECTIONS
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 an appellate court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved?
Another term used to describe the probative value of evidence.
What is relevance?
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?
In ________ trials, attorneys are not likely to argue confusion of the issues as a basis for excluding evidence under FRE 403
What are bench trials?
Options for how a judge can handle evidence that is admissible against a party or for a purpose — but not against another party or for another purpose.
What is redaction, curative and/or limiting instructions?
What an attorney must do in order to get contested evidence removed from the record?
What is file a motion to strike?
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?
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?
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?
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?
The procedural requirements for objections under the FRE
What is that objections must be timely and specific?
Factors that can increase or decrease the strength of the connection between facts in evidence and facts of consequence.
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)?
Relevant evidence may be excluded (under FRE 403) if its probative value is ______________by the risk of unfair prejudice, confusion, misleading...
What is substantially outweighed?
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?
When an attorney introduces case related information to prove the substance (value) of challenged evidence.
What is makes an offer of proof?
The amount of discretion that judges have in making relevance determinations under the FRE
What is broad discretion?
The U.S. Supreme Court ruling that in felony-in-possession cases, the prosecution may introduce evidence of the name and nature of the defendant's prior felony conviction if the defendant has already stipulated that fact. But that might present 403 concerns.
What is Old Chief?
True of False: If demonstrative evidence is drastically different from what actually happened, it is more likely to be admitted at trial.
What is false?
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?
The term used to refer to when an appellate court finds that the trial court committed an error, but that mistake did not affect a substantial right of any party to the case.
What is harmless error?
A fact that forms the basis for the cause of action?
What are facts of consequence?
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)?
If the image presented is gruesome or grisly, but accurately represents the underlying facts, it is probably admissible.
What is true?
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?