Can I Have Your Number?
Rule 201
Judicial Notice. A court may judicially notice a fact that is not subject to reasonable dispute because it:
1) is generally known within the trial court's territorial jurisdiction, or
2) can be accurately or readily determined from sources whose accuracy cannot reasonable be questioned.
Court may take judicial notice at any stage of the proceedings.
What case stands for the proposition that Rule 703 does not permit experts to testify or present a chart in a manner that simply summarizes inadmissible hearsay without first relating the hearsay to some specialized knowledge on the expert's part. The court must distinguish experts relying on otherwise inadmissible hearsay to form scientific conclusions from experts who merely repeat what they are told.
Richards v. Mississippi BBQ.
What case stands for the proposition that causation is an element of negligence, so if you concede negligence, you are conceding causation?
State v. Rodgers (2014)
Objection, your honor. Counsel is leading the witness. Rule 611(c)
Rule 401. The bar for relevance is extremely low--it has a tendency to make a fact of consequence more or less probable.
Rule 403
Evidence is inadmissible if it is substantially more prejudicial or misleading than it is probative.
Court may exclude evidence if its probative value is substantially outweighed by a danger or one or more of the following:
1) Unfair prejudice
2) Confusing the issues
3) Misleading the jury
4) Undue delay
5) Wasting time
6) Needlessly presenting cumulative evidence.
What legal proposition does State vs. Singh stand for? BONUS POINTS for when to raise this proposition.
Venue and Identification of the Defendant is an essential element of the charge in a criminal trial.
Defense closing argument is the time to bring it to the court's attention that the Prosecution has failed to prove these necessary elements of the charged offense.
Which case stands for the proposition that MRE 801(d)(2) may only be invoked in one direction in a criminal case, i.e. the state can offer statements of a criminal defendant subject to MRE 106, but does not permit the defense to offer the Defendant's own statements--even if the State has already elicited other out of court statements by the Defendant.
State v. Tate (1987)
The witness is testifying about something that does not have anything to do with the cause of action. State your objection. OR
Your witness is testifying and the other side objections to the relevance of the testimony. State your response.
Objection, your honor, this testimony is not relevant.
Your honor, the bar for relevance is very low. Pursuant to Rule 401, evidence is relevant if it has any tendency to make a fact more or less probable...
This rule states that if a party introduces all or a part of a writing or recorded statement, an adverse party may require introduction, at that time, of any other part--or any other writing or recorded statement--that in fairness ought to be considered at the same time.
Rule 106
Name the 4 prongs of Rule 702
1) Education and Experience
2) Sufficient Facts and Data
3) Reliable Methods
4) Methods Applied Reliably
What legal proposition does Kane Software Co. vs. Mars Investigations stand for?
Midlands does not permit parties to use experts as weapons in a trial by ambush or unfair surprise. Expert reports that are exchanged prior to trial must contain a complete statement of all opinion the expert will testify to and the basis and reasons for them, the facts or data considered by the expert in forming their opinions, and the expert's qualifications. Experts are strictly prohibited from testifying on direct or redirect about any opinions not stated in their report. However, cross may freely answer questions so long as answer is responsive.
If you are the Defendant and the Prosecution does not designate Rivera as their party representative during pre-trial matters, what can you do? What caselaw and MRE is implicated?
MRE 615 allows for sequestration of the leading investigator in a criminal case case if the law enforcement officer is not designated as the party representative during pre-trial. See State v. Rittgers (1945).
You want to object because the lay witness does not have personal knowledge about the subject matter they are testifying out. State your objection and the basis for it.
Objection your honor, the witness has no personal knowledge upon which to base their answer...or Objection, your honor, speculation. Rule 602 requires that the witness have personal knowledge of the matter in order to testify.
What rule governs the court's ability to prohibit the disclosure of trial testimony to witnesses who are excluded from the courtroom and prohibit excluded witnesses from accessing trial testimony?
MRE 615(b).
Rule 611(b)
The initial cross examination is not limited to matters discussed on direct examinatin. Re-direct and Re-cross examination are permitted. But any re-direct or re-cross examination may not go beyond the subject matter of the examination immediately preceding it and matters affecting the witness's credibility.
Which case stands for the proposition that criminal defendants have a constitutionally protected right to refuse to speak w/ police and decline to testify and that no prosecutor, or witness, may comment explicitly or implicitly on the Defendant exercising that right?
State vs. Lazares (2016).
What case stands for the proposition that a criminal defendant is never required to present evidence or offer an alternative theory...however, a prosecutor may note defendant's failure to offer evidence in support of its theory of the case. (Such comments do not imply a burden shift to the defense).
State v. Tamoe (2015)
You are cross examining a witness and the witness will not directly answer your question and/or they won't shut up and insist on giving you extraneous information. What do you do?
-Ask question again.
-Ask question and request a yes or a no answer.
-Get help from the Judge...Objection your honor, the witness is being non-responsive. Please instruct the witness to answer the question being asked with a yes/no.
This rules lets you offer an opinion without expertise (a lay opinion).
Rule 701
Rule 612. Bonus points if you tell us how to accomplish the purpose of the rule.
A witness may use any material provided by AMPTA to refresh memory either during or prior to giving testimony.
What legal proposition does State v. Durden stand for? Bonus points for the other case that stands for this proposition.
Midlands does not recognize an insanity defense. However, Defendant is permitted to present evidence of his mens rea, i.e. he can present evidence that calls into question whether he had the ability to for the requisite mens rea (knowingly, purposefully, recklessly) for the charged offense. "Temporary insanity" is relevant evidence for the jury to consider. See Also State v. Bunker (2025).
Pursuant to the Autopsy Report, what was Rob Armstrong's official cause of death?
Bonus Points: What case stands for the proposition that Midlands law requires someone to protect themselves from obvious harm?
Asphyxia resulting from drowning. Toxicology results revealed that decedent inhaled oxalic acid shortly before diving with respirator mask. Oxalic acid poisoning leg to hypoxia, which caused disorientation and drowning.
Spear v. Vietnam Travel Agency (2016).
Your witness is testifying and the other side says: Objection your honor, the this evidence is misleading the jury (or is unfairly prejudicial, confusing the issues or is presenting needlessly cumulative evidence). How do you respond?
Your Honor, pursuant to Rule 403, the probative value of the evidence must be substantially outweighed by the danger of undue prejudice in order the evidence to be excluded. In this case the probative value of the evidence far outweighs any prejudice....
This rule states that evidence of a person's habit or an organization's routine practice may be admitted to prove that on a particular occaison the person or organization acted in accordance with that habit or routine practice.