Mock Trial Rules of Evidence

Hearsay

100

What is the definition of hearsay?

An out-of-court statement used for the truth of the matter asserted

200

What is the rule of 801 d2d?

Party opponent rule!

300

What are two exceptions to hearsay, with their rule numbers?

Present-Sense Impression, Excited Utterance, Then-existing mental, physical, emotional conditions

400

What is Rule 805?

Hearsay within hearsay?

Character Evidence

100

Rule 405(b)

Specific Instances of Conduct

200

What is the test for relevant evidence (and what is the rule number)?

Must make a fact more or less probable, 401

300

For what instance is character evidence inadmissable?

Character Evidence is inadmissable to prove that a character acted in accordance with a character or a trait

400

What is rule 406 - Habit, Routine, Practice?

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.

What rule would I use?

100

If a prosecution witness says "Bowman told me that he liked cheese" and a defense attorney objects, what rule would you use to argue this?

801 d2d - Party opponent

200

If a defense witness says, "Whit is a good guy, he would never do this!", what rule would you (as a prosecution attorney) use to object to this?

Relevance (401), More prejudicial than probative (403), Improper Character Evidence (404)

300

If a defense witness goes, "There was a gunshot and I got scared and I yelled "WHAT THE FLIPPING FLIPPITY FLAPPERS"" and prosecution attorney objects, what rule (as a defense attorney) would I use to argue this?

803 2 - Excited Utterance

400

Prosecution Attorney (objecting to defense witness) : Your honor, just because this person ate cheese every day doesn't mean that she will eat cheese today - this is improper character evidence: Defense attorney, how do you respond?

406 - Habit or routine practice?

Random

100

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:

a rationally based perception - (Rule 701)

200

When we say, "Your honor, this witness does not have sufficient knowledge to testify to this", what rule are we referring to?

Rule 602. Need for Personal Knowledge

300

When are the two times that leading questions are allowed to be used?

Cross and when directing a hostile witness?

400

What is an example of a record of a regularly conducted activity (Rule 803 6)

(A) the record was made at or near the time by – or from information transmitted by – someone with knowledge; (B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit; (C) making the record was a regular practice of that activity; (D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification; and (E) neither the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness.