RELEVANCE AND ITS LIMITS
Evidence is relevant if it makes a fact more or less probable, and if the fact is of consequence in _______.
What is determining the action?
Under Rule 602, a witness must have this to testify about a matter or a fact.
What is personal knowledge?
Use of this evidence is strictly prohibited under Rule 404.
What is 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?
This rule is used when a witness cannot remember their testimony.
What is Rule 803(5). Recorded Recollection?
Rule 106 states that an adverse party may require the introduction of the entirety of a written statement if fairness dictates the entire statement should be considered at the same time. Rule 106 is commonly referred to as _______.
What is the Rule of Completeness?
The court may exclude relevant evidence if:
What is its probative value is substantially outweighed by a danger of: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence?
This rule establishes that evidence of a person’s habit may be admitted to prove that on a particular occasion the person acted in accordance with the habit.
What is Rule 406?
This is the difference between Rules 803(1) and 803(2).
What is when the statement was made?
Rule 407 prohibits this type of evidence if it is used to prove actions were taken that would have made an earlier injury or harm less likely to occur.
What is subsequent remedial measure?
Rule 701 establishes that a lay witness' opinion must be limited to one that is _______, _______, and _______.
What is:
(a) rationally based on the witness’s perception;
(b) Helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and
(c) Not based on scientific, technical, or other specialized knowledge within the scope of Rule 702?
Under Rule 404(b), character evidence is admissible when it goes to one of these purposes.
What is proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident?
This rule applies to multiple levels of hearsay.
What is Rule 805?
Rule 103(a) outlines these steps to preserving error.
What is a party must:
(1)(A) timely object or move to strike and (B) states the specific ground; or
(2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof.
This rule establishes irrelevant evidence is not admissible.
What is Rule 402?
This rule establishes testimony by expert witnesses must be the product of reliable principles and methods.
What is Rule 702(c)?
Rule 608(b) establishes that _______.
What is extrinsic evidence is not admissible to prove specific instances of a witness’ conduct in order to attack or support the witness’ character for truthfulness?
Under this rule, a statement is offered against an opposing party and is one the party manifested that it adopted or believed to be true is not hearsay.
What is Rule 801(d)(2)(B)?
Rule 1002 is the first of a series of rules on a similar topic, and states that an original writing or photograph is generally required to prove its contents. Rule 1002 is commonly referred to as _______.
What is best evidence?
Rule 104(e) establishes this fallback response to a relevance objection.
What is this evidence goes to weight, not admissibility?
The exception to Rule 704 does not allow experts to _______.
What is testify to a criminal defendant's mental state or condition when it constitutes an element of the crime charged or of a defense?
Under this rule, impeachment evidence of a conviction older than 10 years is inadmissible unless its probative value substantially outweighs its prejudicial effect.
What is Rule 609(b)?
Use this rule to respond to a hearsay objection during an impeachment.
What is Rule 801(d)(1)(A)?
Under Rule 201, the court may do this if a fact can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
What is take judicial notice?