Relevance
Evidence is relevant if has any tendency to make a fact more or less probable than it would be without the evidence; and the fact is of consequence in determining the action.
What is Rule 401
the Test for Relevance Evidence
Definition of Relevance
The general rule of competency is:
What is: a witness is assumed competent to testify unless the rules say otherwise.
(And in the mock trial rules of evidence, every witness is always competent to testify)
A lay witness (in general) CANNOT give an opinion. These 3 conditions must be met for the witness to give the opinion:
What is:
1. The opinion must be rationally based upon the witnesses perception.
2. The opinion must help the jury either understand their testimony, or determine a fact in issue.
3. The opinion must not rely on any scientific, technical, legal, or otherwise specialized knowledge.
Per Rule 801(C), The definition of hearsay is
What is:
A statement is hearsay if the declarant did not make it while testifying at the current trial or hearing; and a party offers it to prove the truth of the matter asserted in the statement.
“an out of court statement offered to prove the truth of the matter asserted” is also acceptable.
This one’s a freebie. Give yourself 100 points.
This type of evidence is always excluded without exceptions because it failed the test for relevance.
What is irrelevant evidence.
For a witness to testify on a matter they need to have what on that matter per Rule 602.
What is personal knowledge
The five things that qualify an expert are: (Hint: one of them is “skill”)
What is:
1. Skill
2. Knowledge
3. Education
4. Experience
5. Training
what is:
1. A federal statute
2. These rules
3. Other rules prescribed by the Supreme Court.
The opposing council objects to “Best Evidence”. Your response is this.
What is: “Your Honor, under which rule is opposing council objecting.”
Evidence can be excluded for misleading the jury if it’s danger is how much more than the probative value of the evidence.
What is substantially more.
The defense offers evidence to support the credibility of a witness by asking him if is a Christian. The prosecution objects under this rule number.
What is Rule 610.
The prosecution has their expert witness testify to an expert opinion. The defense objects and says that the underlying facts and data for this opinion are inadmissible, so the opinion cannot be entered. The prosecution disagrees. Who is right?
What is: the prosecution is right.
Witness: “I was in the back of the restaurant making the sauce”
Attorney: “was anyone else in the restaurant”
Witness: “not at first, but later on I heard 2 guys come in the dining area, they were talking about a heist they were gonna pull the next day”
Attorney: “what did they say”
Opposing council: “OBJECTION hearsay”
Judge: “response?”
The rule number and rule name is:What is Rule 803(3),
Then existing mental condition (specifically plan, intent)
The defense offers evidence to prove a fact. The prosecution objects and says that the evidence requires foundation. The defense responds that the foundation will be given later. How should the judge rule?
What is: the judge should agree with the defense. Per Rule 104(b) evidence may be admitted on the condition that the foundation be given later.
the defense offers character evidence to prove that the victim had a certain character trait. The prosecution may now do these two things:
What is (1) offer evidence to rebut it
(2) offer evidence that the defendant has the same trait
The court should exercise reasonable control over the mode and order of examining a witness and presenting evidence to ensure that: the procedures are effective for __(1)___, avoids wasting time, and protects the witness from undue ___(2)__ and ___(3)__.
What is
1. Determining the truth
2. Embarrassment
3. Harassment
An opinion is not objectionable just because it embraces the ultimate issue.
it is only objectionable if:
What is: it is an expert opinion on whether or not the defendant had a mental state or condition that constitutes an element of the crime or of a defense.
A statement is hearsay within hearsay within hearsay. This many hearsay exceptions are needed to admit the statement.
What is 3 exceptions.
Foundational questions need not follow this:
What are the rules of evidence.
Evidence of a defendants character trait has been admitted by the defense. The prosecution offers evidence to rebut it. The three ways they can prove the character are: by reputation, by _____, and by ______
What is by: opinion testimony and by specific instances of conduct.
On direct examination, this method is NOT available to prove an ordinary witness had a character trait of truthfulness.
What is by specific instances of conduct.
An expert (is or is not) required to give the underlying facts and data that support an expert opinion before giving the opinion itself.
What is “is not required”
Exhibit 23 is a partially written text message from the night of the victims death. The statement reads “my own son, how could he…” The message was written at 3:45AM and the Time of death was 3:50AM. You move to enter the exhibit into evidence. The opposing council objects to hearsay. The rule number and name of the exception to use is this.
What is Rule 804(b)(2), statement under the belief of imminent death.
A ball is launched from a cannon at an angle 40 degrees above the horizontal at 10 meters per second. The ball travels this far before hitting the ground. (Neglect air resistance)
What is 10.049 meters.