Evidence Jeopardy!!!!

Federal Rules of Evidence

100

Which Federal Rule of Evidence admits evidence if it makes a fact more or less probable than it would be without the evidence?

What is FRE 401- Relevancy

200

What Federal Rule of Evidence excludes evidence that causes the jury to evaluate a piece of evidence based on emotion?

What is FRE 403- Unfair Prejudice

300

True or False. Evidence has to pass the relevancy test before being evaluated for creating unfair prejudice.

What is True.

400

True/False. If the crime is a misdemeanor that doesn't involve dishonesty then the crime is always excluded.

What is True.

500

True/False. If a piece of evidence is admissible because of one rule, it cannot be excluded because of any other rule.

What is False.

Putting a Witness on the Stand

100

Name the four (4) requirements for putting a witness on the stand and the rule(s) that they relate to.

What is (1) Narration: Rules: 611 & 604, (2) Understanding Truth-Telling: Rule 603, (3) Perception: Rule 602, and (4) Memory: Rule 602

200

True or False. Before putting a witness on the stand you must persuade the judge and opposing counsel that the witness is competent.

What is False. Rule 601 states everyone one is competent. 

300

Defendant is on trial for the rape of a child. The prosecutor called an eight-year-old girl who testified that she, the defendant, the alleged victim, and several other people had spent the night at the defendant's vacation house on the evening of the alleged offense. The prosecutor then asked what the witness observed when she came to their bedroom late at night. The witness said, "I had an instinct that something happened to the victim and that the defendant had done something sexually with the victim" If the defendant's counsel objects the testimony should be:

What is:

A: Sustained, the witness has no personal knowledge. 

B. Sustained, the witness cannot testify about something that happened to someone else

C. Sustained, the eight-year-old girl is not competent to testify. 

D. Overruled.

400

What FRE govern judges as witness and jurors as witness and what does the rule say?

What is Rule 605- presiding judges cannot serves as a witness in the case that they are involved in. This extends to their employees, law clerks, etc. 

Rule 606- At trial, a juror may NOT testify as a witness before the other jurors at the trial. if a juror is called to testify, the court must give a party an opportunity to object outside the jury's presence. 

500

In a civil case, what governs rules/law govern witness competency?

What is state law.

Examining a Witness

100

 Scope of Direct Examination? Scope of Cross-Examination?

What is Relevance. What is the Subject Matter of  Direct Examination and Witness's Credibility. 

200

Three (3) Exceptions to Leading Questions on Direct?

(1) To Establish Pedigree of Information, (2) Help a Witness Who is Hesitant, Confused, or Has Toruble Recalling, & (3) To Direct a Witness to a Particular Time

300

True or False. The judge has discretion under FRE 615.

What is False. 

400

Define a Hostile Witness.

What is a Witness Who is Evading Questions or Otherwise Being Unncooperative, Making it Difficult to Elicit Testimony. 

500

FRE 614 Give the Court What Power

What is to Call or Question its Own Witness or Ask Questions to a Party's Witness 

Evidentiary Disputes/Refreshing Memory

100

What are the Mechanisms to Dispure Evidence at Trial and Define Them. 

(1) Objection-- An objection is registered beefore the opponent introduces a potentially inadmissible item into evidence (2) Motion to Strike-- A motion to strike occurs after the disputed evidence has entered the record 

200

Explain Appellate Review 

1. If the issue was properly preserved, affirm the trial court UNLESS

(a) Affects a substantial right AND 

(1) An abuse o discretion or (2) applied the wrong legal standard or misinterpreted the law, under this circumstance the appellate court will apply the de novo review 

2. If the issue was not properly preserved, affirm the trial court UNLESS

(a) Affects a substantial right and plain error 

300

Steps to Refreshing a Witness's Memory 

1. Witness say she can't recall -- You must get the witness to say "I DON'T REMEMBER"
2. Ask W to identify "memory jogger" or ask witness if a specific item might refresh their memory
3. Show item to opposing counsel
4. Ask for permission to approach & show item to witness
5. Take item away
6. Ask witness: "Did that refresh your memory?"
7. Ask witness to testify from memory by repeating original question

400

Under FRE 612 a Adverse Party is Entitled to... 

… an adverse party is entitled

• To have the writing produced at the hearing,
• To inspect it,
• To cross-examine the witness about it, and
• To introduce in evidence any portion that relates to the witness’s testimony

500

How does a party defend evidence under RULE 103(a)(2)?

When one party objects, the opponent makes an offer of proof to show the judge what the evidence entails; failing to do so waives any object on appeal

Impeaching a Witness/Character Evidence

100

Define Extrinsic Evidence and Collateral Matter?

• Extrinsic Evidence = any evidence other than the W’s testimony at the current proceeding
• Collateral Matter = relevant to the case solely because it impeaches a witness

200

Explain how a party may use Prior Inconsistent Statements

when examining a witness about the witness’s prior statement,

• a party need not show it or disclose its content to the witness
• but the party must, on request, show it or disclose its content to an adverse party’s attorney
• 
  Extinsic Evidence of a witness’s prior inconsistent statement is admissible only:
• if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or
• if justice so requires

300

What FRE governs the use of Prior Criminal Convictions 

What is FRE 609. 

400

Explain FRE 404(a) & FRE 404(a)(2)

evidence of a person’s character of a character trait is not admissible to prove that on a particular occasion, the person acted in accordance with the character trait or not;

EXCEPTION: CRIMINAL CASES -- 404(a)(2)

The only limits on the defendant’s ability to introduce character evidence are (1) the evidence must relate to a “pertinent” character trait; and (2) the evidence must comply with Rule 412, the rape shield law.

The prosecutor may introduce character evidence under these exceptions only in response to an action taken by the defendant.

The prosecutor’s permitted responses fall into three categories:

if the defendant offers character evidence about themselves, the prosecution may rebut that evidence with proof that the defendant lacks that trait or holds an opposite one.

If the defendant introduces character evidence about the alleged victim, the prosecutor may rebut that evidence by showing that the victim lacked that trait or held the opposition

Under these circumstances, the prosecutor may also introduce evidence that the defendant held the trait that the defendant attributes to the victim.

In homicide cases, the prosecutor may offer evidence that the deceased victim was a peaceful person in response to any evidence that the deceased was the first aggressor.

500

Explain FRE 405(b)

when a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct