Intro Rules
Under F.R.E. 105, if the court admits evidence that is admissible against a party or for a purpose, but not against another party or for another purpose, the court, on timely request, must:
restrict the evidence to its proper scope and instruct the jury accordingly. Once instruction is requested, instruction is mandatory.
Evidence is relevant if:
(1) it has any tendency to make a fact more or less probable than it would be without the evidence and (2) the fact is of consequence in determining the action.
Hearsay means a statement that the declarant:
Define statement:
Define declarant:
(1) does not make while testifying at the current trial or hearing and (2) a party offers into evidence to prove the truth of the matter asserted.
Statement means a person's written assertion, oral assertion, or nonverbal conduct, if the person intended it as an assertion. Intent is the key here.
Declarant means person who made a statement.
In what instances can evidence of a person's habit or an organization's routine practice be admitted into evidence?
to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.
when was my cousin Vinny released
March 13, 1992
The court may judicially notice a fact that is not subject to reasonable dispute because:
(1) it is generally known within the trial court's jurisdiction or
(2) can be accurately and readily determined from sources whose accuracy cannot be reasonably questioned.
Probative value evaluates:
the likelihood that the evidence will move the case one way or another.
In general, rule 801 covers hearsay exemptions for when the declarant is the "..."
When the declarant testifies and is subject to cross-examination about a prior statement, that statement is not hearsay when:
(1) it is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, proceeding, or in a deposition;
(2) is consistent with the declarant's testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying or to rehabilitate the declarant's credibility as a witness when attacked on another ground; and
(3) identifies a person as someone the declarant perceived earlier.
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measure is not admissible to prove:
(1) negligence
(2) culpable conduct
(3) a defect in a product or its design or
(4) a need for a warning or instruction
First, a conviction can be admitted for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year. The evidence of the crime must be admitted, subject to 403, in a civil case or in a criminal case in which the witness is not a defendant and must be admitted in a criminal case in which:
the witness is not a defendant and (2) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant
Where do the F.R.E. not apply (Consider the scope of the evidence rules as set out in rule 101 and 1101.)
FREs (except for the privilege rules) do not apply to:
(1) the court's determination under 104(a),
(2) grand jury proceedings,
(3) miscellaneous proceedings such as extradition or rendition, issuing an arrest warrant, preliminary examination in a criminal case, sentencing, granting, or revoking probation or supervised release considering whether to release bail or otherwise.
materiality, that is, whether the proposed evidence is material to what is at issue in the case.
An opposing party statement is not hearsay when the statement is offered against an opposing party under the following circumstances:
(1) the statement was made by a party in an individual or representative capacity,
(2) the statement was one the party manifested that it adopted or believed to be true
(3) the statement was made by a person whom the party authorized to make a statement on the subject;
(4) the statement was made by the party's agent or employee on a matter within the scope of that relationship while it existed; and,
(5) the statement was made by the party's coconspirator during and in furtherance of the conspiracy.
Evidence of truthful character is admissible only after:
the witness's truthfulness is attacked
Huddlestone Framework
-Relevance and proper purpose
-conditional relevance standard of admissibility
-balancing
-limiting instruction
Under F.R.E. 104(b), when the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that a fact does exist. Then, the court may admit the proposed evidence on "...."
Additionally, what is the standard of proof for this?
the condition that the proof be introduced later.
standard of proof is could a jury reasonably find that the fact exists.
Relevant evidence is admissible unless any of the following provide otherwise:
Additionally, describe, in general terms, the threshold for relevance.
(1) the U.S. Constitution
(2) a federal statute
(3) these rules
(4) other rules prescribed by Supreme Court
the threshold for relevance is low and relevant evidence is admissible unless something else makes it inadmissible.
Under Rule 803, the following are not excluded by the rule against hearsay, regardless of whether the declarant is available as witness:
(1) Present sense impression
(2) excited utterance
(3) then existing mental, emotional, or physical condition
(4) statement made for medical diagnosis or treatment
(5) recorded recollection
(6) records of regularly conducted activity and
(7) public records
if a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
(1) rationally based on the witness's perception
(2) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and
(3) not based on scientific, technical, or other specialized knowledge within the scope of rule 702.
Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion, the person acted in accordance with the character. Although the evidence may be admissible for another purpose such as proving:
(1) motive;
(2) opportunity;
(3) intent;
(4) preparation;
(5) plan;
(6) knowledge;
(7) identify;
(8) absence of mistake; or
(9) lack of accident
Under F.R.E. Rule 106, an adverse party can introduce:
Additionally, what is the policy behind this rule?
all or part of any other statement necessary to clarify a statement the opposing party introduced.
the policy here is fairness when considering that part of a statement ought to be considered along with the other portion or context.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:
(1) unfair prejudice
(2) confusing the issue
(3) misleading the jury
(4) undue delay
(5) wasting time or
(6) needlessly presenting cumulative evidence.
*Note* all relevant evidence is prejudicial. This rule only concerns itself with unfair prejudice. The more probative the evidence, the greater the burden of proving that is it substantially outweighed by the danger of unfair prejudice.
F.R.E. 804 covers exceptions to hearsay when the declarant is unavailable as a witness. Define unavailability and then list the hearsay exceptions outlined under this rule.
A declarant is considered unavailable if the declarant (1) is exempted from testifying about the subject matter because the court rules that a privilege applies, (2) refuses to testify about the subject matter despite a court order to do so; (3) testifies to not remembering the subject matter; (4) cannot be present or testify at trial because of death or then existing infirmity, physical, or mental illness; (5) is absent from the trial or hearing and the statement's proponent has not been able, by person or other reasonable means, to procure the declarant's attendance, in the case of hearsay exceptions under 804(b)(1); or, (6) the declarant's attendance in the case of a hearsay exception under 804(b)(2)(3)4).
-Former Testimony, Statement Under Belief of Imminent Death, Statement Against Interest, Forfeiture by Wrongdoing
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise, if the proponent demonstrates to the court that it is more likely than that:
(1) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(2) the testimony is based on sufficient facts or data;
(3) the testimony is the product of reliable principles and methods; and
(4) the expert's opinion reflects a reliable application of the principles and methods to the facts of the case.
Define Testimonial:
Where testimonial evidence is at issue, the sixth amendment demands:
Testimonial statements are statements made under circumstances that would lead an objective witness to reasonably believe the statement would be available for use at a later trial. These include ex parte in court testimony, affidavits, custodial examinations, prior testimony without opportunity to cross-examine, depositions, and confessions.
(1) proof of the witness's unavailability and (2) a prior opportunity for cross-examination.