The 400's - Relevancy
What is the test for relevancy?
Evidence is considered relevant if it has any tendency to make a fact more or less probable than it would be without the evidence
The fact is of consequence in determining the action.
What is the general definition of the 600 rules?
Whether or not a witness can testify about a certain topic.
What is significant about expert testimony?
Experts are able to testify about things they personally didn’t witness but are able to form conclusions based on data they review.
Hearsay is an out-of-court statement being offered for the truth of the matter asserted.
To make an objection, what do you do?
Stand up and say "objection your honor"
According to rule 403, what kinds of evidence may be relevant may not be admissible? List two kinds. Any additional kinds will be awarded 100 points each.
unfair prejudice
confusing the issues
misleading the jury
undue delay
wasting time
needlessly presenting cumulative evidence
Bonus Procedure Question for Double Points
What materials can help you if you need to explain your objection to a Judge?
The Midlands Rules of Evidence
Can a lay witness testify to scientific or technical information? Why?
No. That is left to an expert witness who has been qualified in court.
803(6): Records of a Regularly Conducted Activity
Give the definition to this exception.
A record (document, transcript, etc) of some activity that is done on a regular basis. The record must be made by someone with personal knowledge of the activity.
When can you use leading questions?
On cross examinations
Rule 406: Habit; Routine Practice
Give a definition of the above rule.
If a person does something regularly, the evidence is ALLOWED to show that they conformed with that regular activity at a specific moment.
Rule 602 - Need for Personal Knowledge
Give the definition. For 100 bonus points give an example using the story of Cinderella.
A witness may only testify about what they personally know, not what others may or may not know.
Examples TBD by training directors
Can an expert witness base testimony on opinions?
No
Name one of the two statement types that are NOT hearsay (not the exceptions)?
For a bonus of 100 points, name both statement types.
(1) A witness’s prior statement is not hearsay if it is being used to impeach the witness
(2) Any statement made by the opposing party is not hearsay, regardless of what the statement is. This only applies to the party representative
What does the Judge say when he agrees with the objection?
When he disagrees with an objection?
sustained
overruled
Rule 404: Character Evidence
Give the definition of rule 404. For a bonus of 100 points, act out an example of a question that may use improper character evidence.
Evidence that a person does something in general cannot be used that they acted the same way at a specific moment.
Example TBD by team directors.
If you are impeaching a witness, do you have to show the witness their affidavit/report/deposition?
Bonus of 100 points if you can give a reason as to why it would be bad to give the witness their affidavit.
If you are impeaching a witness using their affidavit, you DON’T have to show the witness their affidavit, only the opposing attorneys.
Giving the witness their affidavit is bad because then they can read what they want, waste time, and hold onto it for the entirety of their questioning.
Bonus Procedure Question for Double Point
What do you do if your question is objected to and the Judge asks you to respond?
Explain why your question should be allowed.
803(3): Then-Existing Mental, Emotional, or Physical Condition
Define and give an example for 100 bonus points
A statement made by someone describing their own thoughts, emotions, feelings, health, plans, or perception.
What do you do if you disagree with the Judge's ruling on your objection?
Assign one person on your team to act as the attorney and one to act as the witness. Give an example of a question that is more prejudicial than probative.
Rules 603 and 615 are assumed at the beginning of each trial. What are these rules?
You must assign each rule to the correct rule number.
Rule 603 assumes witnesses have been sworn in and must tell the truth.
Rule 615 means all witnesses except for the party representative are sequestered. This means they do not hear the testimony of the other witnesses.
Rule 702 - Testimony by Expert Witnesses
Name two of the four qualifications of an expert witness. Each additional one named is a bonus of 100 points.
(a) 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;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.
803(1): Present Sense Impression & 803(2): Excited Utterance & 803(3): Then-Existing Mental, Emotional, or Physical Condition
Give a definition for all of the above rules. An example of each can be given for 100 points total.
1) A statement that describes the situation at hand, that is made while the situation is occurring, or just after it occurred.
2) A statement made about a surprising event, where the declarant makes the statement because they are startled by the event in question.
3) A statement made by someone describing their own thoughts, emotions, feelings, health, plans, or perception.
Give an example of entering a piece of evidence.
1) identify
2) hand to witness
3) Authenticate
4) Enter