Hearsay is an out-of-court statement being offered for the truth of the matter asserted.
100
What is definition of Relevance?
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
100
In the State of Midlands, there are only two allowable motions. What are they?
Motion to Exclude Witnesses and Motion to Strike. (AMTA Rule 8.11)
100
More prejudicial than probative
Rule 403
200
Rule 704
Goes to the Ultimate Issue
200
In rooms where there is a jury box, which side sits closest to the Jury?
Plaintiff
200
You are in trial and it's become obvious that the Judge states that "More prejudicial than probative" is not an objection so you must resort to the long format, which is....
Objection, [pursuant to Rule 403], this [evidence's] probative value is substantially outweighed by the danger of unfair prejudice.
200
What are the two components to the hearsay exception: present sense impression?
Statement that (1) describes/explains the event/condition, (2) made while or immediately after the declarant perceived it.
200
Methods of Proving Character
Rule 405
300
Rule 803(2)
Hearsay Exception: Excited Utterance
300
On the issue of whether Stacy dislikes Walter, Matt testifies that he overheard Stacy say, "Walter is a liar and a hypocrite." Is this hearsay?
No, the statement is not being offered to assert that Walter is a liar/hypocrite, but rather to assert Stacy's dislike for him.
300
Prior to entering the expert's conclusions, what are the prongs you must meet?
(1) Sufficient facts/data; (2) reliable principles and methods; and (3) Applied those principles/methods reliably.
300
Personal injury case. To show pain and suffering, the plaintiff calls a nurse who testifies that the plaintiff was screaming when he was brought to the hospital. Is this hearsay?
No; non-assertive conduct.
300
Lack of Personal Knowledge for a Lay witness
Rule 602
400
Rule 805
Hearsay with Hearsay
400
Two-part answer: To prove that John was going to walk this dog that night, witness testifies, "John said he'd go walk his dog with Shelly that night." (1) Can this statement also go to prove Sally's intent? (2) What hearsay exception is being used.
(1) No, because the statement can only go to show the declarant's intent, which is John, not Sally. (2) Rule 803(3).
400
Name at least five permissible uses for prior bad acts evidence under the Character evidence Rule.
(1) Proof of motive, (2) opportunity, (3) intent, (4) preparation, (5) plan, (6) knowledge, (7) identity, or (8) absence of mistake or accident.
400
In chronological order, name the first 6 hearsay exceptions (Rules 803(1)-(6)).
(1) Present sense impression; (2) Excited Utterance; (3) Then-Existing Mental, Emotional, or Physical condition; (4) Statement made for medical diagnosis/treatment; (5) Recorded recollection; (6) Business record made in the regular course of business.
400
Character evidence for witnesses is inadmissible
Rule 608
500
Rule 701
Prongs for a Lay Witness opinion
500
What is the difference between Rule 404 and Rule 405? Explain.
Rule 404 governs the admissibility of character evidence, whereas Rule 405 governs the ways in which character evidence can be proved.
500
Explain the difference between Rule 703 and Rule 705.
Rule 703 deals with the admissibility of an expert's facts/data, whereas Rule 703 deals with the format in which the expert must testify (being able to testify to the conclusion before explaining the underlying facts/data).
500
What is the relationship, if any, between Rule 703 and Rule 403.
Rule 703 states that an expert's underlying facts/data (that is otherwise inadmissible) may be admissible as long as its probative value outweighs its prejudicial value (Rule 403).
500
Using a witness's prior statement for impeachment purposes