article 1
Under rule 103 attorneys are allowed to preserve an objection for appeal. Are we permitted to do so in mock trial?
No.
Rule 401 states....
that the standard of relevant evidence is evidence that has any tendency to make a fact at issue more or less likely
What rule states the need for a witness to have personal knowledge about the fact to which they are testifying?
Rule 602
What are the three prongs of 701?
1. rationally based on the witness's perception,
2. Not based on any scientific, technical, or otherwise specialized knowledge, and
3. Helpful to understanding their testimony
The definition of hearsay is....
any out of court statement used for the truth of the matter asserted
Rule 106 states....
If a party introduces all or part of a statement, an adverse party may require the introduction, at that time, of any other part — or any other statement — that in fairness ought to be considered at the same time. The adverse party may do so over a hearsay objection.
What is rule 403?
unduly prejudicial
character for truthfulness or untruthfulness is permitted under what rule?
608
What are the five things that may qualify a witness as an expert?
Knowledge, training, experience, education, skill
What is the rule regarding a party opponent?
801(d)(2)
Rule 106 is also sometimes call the rule of....
completeness
What is rule 406?
Allows or testimony regarding habit and routine
what rule allows for the swearing in of witnesses?
Rule 603
what are the four prongs of 702?
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.
The definition of a statement is....
A person's oral, written, or non-verbal conduct if it is intended as an assertion
rule 107 allows for the use of....
What rule prevents the use of crimes, wrongs, and other bad acts?
404
How can reputation for truthfulness or untruthfulness be proven?
1. Reputation or opinion
2. Specific instances of conduct
What is the rule concerning an opinion on the ultimate issue?
Rule 704
What are the three most used exceptions to hearsay (name and explain)
801, 802, 803
rule 102 states the purpose of the rules of evidence is to....
administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.
Under rule 405, methods of proving character is permitted via what two means?
1. Reputation or opinion
2. Specific instances of conduct (only if the character is essential to the charge)
Rule 609 states....
criminal convictions may only be introduced to prove truthfulness or untruthfulness (with a whole bunch of caveats)
Must an expert disclose the facts or data underlying their opinion before disclosing the opinion itself?
No. (rule 705)
How are 803(6) and 803(8) different?
803(6) is the business record exception and 803(8) is the public record exception. A record must not be public to be kept in the regular activity of the business