Experts
What is the overarching rule of evidence for experts?
What is 700/702?
What two exhibits are stipulated to be commercially sold products? (Their actual title not exhibit numbers)
The key question in a Slayer Statute proceeding is whether the defendant was a “culpable actor”
in the death of the decedent. There are three ways to establish that the defendant was a culpable
actor: (1) the defendant knowingly caused the death of the decedent; (2) the defendant purposefully
caused the death of the decedent; or (3) the defendant facilitated the death of the decedent. In a
Slayer Statute proceeding, a plaintiff is free to pursue any or all theories of culpability
What is Caltry v Bridgeman?
The Rule number when objecting to hearsay.
What is 802?
The two rules that must ALWAYS be in pretrial.
What is 603 and 615?
603: constructive swearing in of all witnesses
615: constructive sequestration of all witnesses barring party representatives
The expert witness(es) for defense
What is Alex Silva and Dana Haskins?
True or False:
Exhibit 19b has all objections waived if Dr. Hillary Edmund is not testifying.
What is False?
The fact that an email, text message, or other electronic communication is listed as
coming from an address or number that is either known or purports to belong to a particular person
is sufficient to lay foundation that the communication was sent by the person in order to determine
its admissibility, at least absent particularized reasons to believe that the communication may have
been sent by someone else.
What is Ginger v Heisman?
Number of Hearsay Exceptions under 803 (not including redacted)
What is 23?
Rule 1002
What is Best Evidence/Requirement of the Original?
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 and publication, whether it
has a known error rate, or whether it has gained widespread acceptance within the field. These
factors, while relevant, are not necessarily dispositive.
What is Tarot Readers Association of Midlands v Merrell Dow?
The amount of money Harley Kim deposited on April 25, 2024.
What is $7,500?
Pursuant to MRE 104(a), when evaluating the admissibility of evidence, a trial court is permitted
to rely on both admissible and inadmissible evidence. The use of underlying inadmissible evidence
does not make that inadmissible evidence admissible. Instead, the Court is merely permitted to
consider the underlying inadmissible evidence in order to assess the admissibility of the offered
evidence.
What is Zomerfeld v Noto?
To be inadmissible as hearsay, an out-of-court statement must be (a) an assertion of fact
(b) offered to establish the truth of that asserted fact. No part of the rule against hearsay concerns
itself with the “truth value” of an out-of-court statement beyond the fact asserted in the statement.
What is State v BF De la Porta?
Rule 404
What is Character Evidence?
Experts should not be expected to include in their reports every basic scientific fact known to lay people and known realities that support their conclusion. Similarly, experts should not be expected to include in their reports every underlying fact from a specific document so long as the experts explicitly disclosed that they relied upon that document in forming their opinions and that document was made available to the other party through discovery. Such requirements would lead to expert reports that are hundreds, if not thousands, of pages long.
What is Yu-Oh Industries v Beckstein Alekri Inc.?
List the exhibits that have all hearsay objections waived per stipulation 7. (This can just be the number; there are 4.)
What are 22, 23, 24, and 35?
22 - Bancroft Bank Statements
23 - Connel/Bancroft Lawsuit
24 - Dana Haskins Resignation Letter
35 - Avery Bancroft Draft Memoir
In a Slayer Statute proceeding, evidence showing that the defendant’s psychological profile does
not match the psychological profile of a hypothetical culpable actor does not constitute “[e]vidence
of a person’s character or character trait,” the only evidence excluded by MRE 404(a)(1).
Additionally, if the defense offers evidence that the defendant’s psychological profile does not
match the psychological profile of a hypothetical culpable actor and / or the defense calls an expert
who reached an opinion on such an issue, the plaintiff may provide evidence to show the defendant
fits the psychological profile
What is Claypoole v Yoo?
The hearsay rule is only implicated where an out-of-court statement is being used for the truth of
the matter asserted. If it only matters whether the out-of-court statement was made (not whether it
was true), then the hearsay rule is not implicated.
What is Chambers v By the Book Publishing, Ltd.?
The response to a Relevance Objection.
What is The Bar for Relevance in Midlands is extremely low?
List all four prongs of 702 (general ideas accepted)
What is
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
List all pre-admitted exhibits per stipulation 6. (This can just be the numbers; there are 10).
What is 6, 7, 10, 11, 12, 18, 20, 21, 37, and 42?
6 - Bancroft Will
7 - Schedule Assets
10 - MRE Brochure
11 - MRE Train Diagram
12 - MRE Itinerary
18 - Avery Bancroft Death Certificate
20 - Avery Bancroft Medical Record
21 - Black Bear Casino Article
37 - Confess or Burn Note
42 - “I Disown You” Acronym Handwritten Note
An alternative suspect theory is a pure defense,
not an affirmative defense. As a consequence, defendant is free to argue an alternative suspect
theory when disputing a claim without needing to raise an affirmative defense.
What is Borealis Industries v Ellen Nora Hobbs?
MRE 803(6) covers a wide range of records and documents. These can include receipts, emails,
memos, and any other such records so long it qualifies as a regularly conducted activity. The key
inquiry is whether such records are indeed a regularly conducted activity of the business or
organization. For example, if a business or organization regularly creates memos (whether written
or via voice), such memos fall under MRE 803(6) (assuming all elements are established)
List all ways to object to relevance as per Rule 403 (There are 6).
What are more prejudicial than probation, wasting time/narrative, misleading the jury, confusing the issues, undue delay, needlessly cumulative?