400s
Define relevance
Relevance- has a 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
Define lack of personal knowledge and rule number.
A witness may not testify about any matter of which the witness has NO personal knowledge. Only if the witness has directly observed an event may the witness testify about it. Personal knowledge must be shown before a witness may testify concerning a matter.
Define 701 (a and b)
Lay witness testimony is rationally based on the witness' perception and is helpful to clearly understanding the witness' testimony or to determine a fact in issue
What is the party opponent number?
801 (d(2(a)))
Who is the party opponent of the plaintiff?
Defendent: Cameron Miller
Define rule 403
The prejudicial effect of this statement SUSTANTIALLY outweighs its probative value.
What is the only permitted motion in mock trial covered in the 600 rules?
Rule 611 (e): Requesting the judge to strike testimony following a successful objection to its admission.
What does 704 cover?
Opinion on the ultimate issue
What rule number is hearsay within hearsay? Give an example
805
Who is the party opponent of the defense?
Jordan Patel
What does 404 (a(1))?
Character evidence: Prohibited uses: Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ACCORDANCE with the character or trait.
On a direct- Isn't it true that you are friends with Cameron Miller?
Example of what type of question/rule number
611 (c)- leading question
What does 703 cover? Who does this rule cover in this case?
Bases of an expert's opinion testimony- Alex and Jo
What does 803 (6) cover?
Records of a regularly conducted activity
When a witness shows a movement in the court, how do you make it known to the court reporter so that it can be entered for the record?
Let the record reflect that x witness, raised her right index finger... etc.
What does 405 (b) cover?
Methods of proving character- by specific instance of conduct: 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 a person's conduct
What does Rule 608 cover?
A Witness's Character for Truthfulness or Untruthfulness-
a) reputation or opinion evidence
b) specific instances of conduct
Can an expert testify on facts or data in forming an opinion that need not be admissable?
Yes- why? What rule number covers it?
What does 803 (3) cover? Give an example of when to use it.
Then existing medical, emotional, or physical condition
No sequestration of witness is what mock trial rule?
Rule 4.8
What does 406 cover?
Habit, Routine, Practice
What is the difference between lack of personal knowledge (rule 602) and lack of foundation?
Lack of personal knowledge- the witness does not have personal knowledge of that event. (e.g.- Bobbi does not have personal knowledge of the fight between the minions and Jordan.. it is all through hearsay)
Lack of foundation- the ATTORNEY has not laid the proper foundation to establish the relevance of direct or circumstantial evidence. Laying a proper foundation means that before a witness can testify about his or her personal knowledge or opinion of certain facts, it must be shown that the witness was in a position to know those facts in order to have personal knowledge of those facts or to form an admissible opinion.
What does rule 705 cover?
Disclosing the facts or data underlying an experts opinions-- can give an opinion without the underlying facts or data, however, may need to disclose those facts on cross examination.
What does 803 (1) cover?
Present sense impression: a statement describing or explaining an event or condition made while or immediately after the declarant preceived it.
How should attorneys object?
Your honor I object on the grounds of hearsay 801(a)- this witness statement is an out of court that it is being offered to prove the turth of the matter asserted. Permission to be heard: