Case Law
What is Davis V. Adams?
Scientific testimony or evidence admitted is not only relevant but reliable. In determining reliability judges should consider only the methods employed and the data relied upon not the conclusions themselves. The proponent of the evidence has the burden of proving each section of MRE 702 by a preponderance of the evidence.
What is hearsay?
A statement being offered to prove the truth of the matter asserted.
How many prongs need to be fulfilled to tender a witness as an expert?
4
A. B. C. D.
What is 701(a)?
A witness can testify to their rationale based perception
How much was Avery Bancrofts estate worth and what stipulation constitutes this?
404 Million dollars in stipulation 22
What is Caltry V. Bridgeman?
Slayer statute of a Culpable actor. Defendant knowingly caused, purposefully caused the death, OR facilitated the death of the decedent. Plaintiff is free to explore ONE OR ALL
What is 803(3)?
A statement
What are all of the prongs for 702?
A. scientific, technical, or specialized knowledge
B. sufficient facts and data
C. reliable principles and methods
D. reliably applied principles for methods to case
What is 403?
Evidence is not admissible if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
What does stipulation 9 constitute?
If Ashley Connel is testifying ALL objections to exhibit 5 have been waived, both parties agree that no additional foundation is necessary for admission.
What is Midlands Television Studios V Kosack?
a Marty may read excerpts of a deposition onto the record not entering whole depo. The excerpt must include the full questions and answers unless otherwise redacted. Can not read directly from and enter into evidence.
What is 806?
When a statement described in rule 801(d)(2)(c)(d)(e) has been admitted in evidence the declarants credibility may be attacked and then supported by evidence that would be admissible for those purposes if the declarant had testified as a witness.
What is 703?
What is 701(c)?
Evidence not based on scientific, technical, or other specialized knowledge within the scope of 702 can not be admitted.
What stipulation waives HEARSAY objections to 5 exhibits?
Half Points if you can list those exhibits
Stipulation 7
Exhibits 22, 23, 24, 31, and 35
What is Tarot Readers Association of Midlands v. Merrill Dow?
In assessing reliability under MRE 702(c) judges should consider whether the theory or technique has been or can be tested, whether it has been subjected to peer review
What is 803(2)?
Excited utterance.
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
What is 705?
Disclosing the facts or data underlying an expert's opinion.
an expert may state an opinion and give reasons for it without testifying to the underlying facts or data but the expert may be required to disclose those acts or data on cross examination.
What is 902(7)?
An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin ownership, or control.
What stipulation lists pre- admitted evidence and what exhibits are those?
Stip 6
Exhibits 6,7,10,11,12,18,20,21,37,and 42
What is Ginger V. Heisman?
Emails or text messages are properly authenticated when the proponent has produced evidence either direct or circumstantial that would allow a jury to determine the author of the message. The fact that an email or text message is listed as coming from an address or number that is either known or purports to belong to a particular person is sufficient enough.
What is the rule for imminent death and what does it say?
804(b)(2) a statement that the declarant, while believing the declarants death to be imminent, made about its cause or circumstances.
What do you use if Nathanson is attempted to be tendered as an expert?
Kane Software Co v. Mars Investigations
Yu-Oh Industries V. Beckstein Alekri Inc.
P Discovery Interrogatory #3
What is 602?
A witness may not testify to a matter unless evidence is introduced sufficient to support finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may but need not consist of the witness's own testimony. This rule is subject to the provisions of rule 703 relating to opinion testimony by expert witness.
What stipulation says who was in the Platinum section of the train?Half credit if you can tell me the employees on the train
Stip 18
Farnsworth, Fritsch, Mothersbaugh, Zhang, and Strathmore