This rule is a balancing test. Typically used for inadmissible evidence that is substantial more prejudicial than probative
What is rule 403
100
Fill in the blank:
Testimony is limited for lay witnesses to _______ _______ based on their ________
opinions rationally based on their perceptions
100
What is hearsay and what is it's rule number?
What is an out of court statement being offered for the truth of the matter asserted(801)
100
This ruling states that is improper for the prosecution to comment on a defendant's decision to invoke their right to council during a police interrogation.
What is State vs Poole
100
Criminal conspiracy to commit a given crime occurs when a person agrees with another or others to commit an offense, attempt to commit an offense, solicit the commission of an offense, or aid another in the planning or commission of an offense.
What is State vs Chambliss
200
What is relevant evidence and its rule number?
Something that makes a fact at issue more or less likely (401)
200
What is SKEET and its rule number?
Skills, Knowledge, Education, Experience, Training (702)
200
What does the P in PETS stand for and what is its rule number?
What is Present-sense impression and 803(1)
200
This ruling states that experts cannot simply be conduits to inadmissible evidence, they most form scientific conclusions based on that evidence
What is Richards vs Mississippi BBQ
200
Existence of a conspiracy must be proved beyond the preponderance of the evidence, and therefore any evidence of a conspiracy is enter only conditional at first
What is State vs Owens
300
This rule states that evidence of a person character is not admissible to prove that on a particular occasion that person acted according to that character trait
What is rule 404?
300
What rule number outlines opinion testimony for lay witnesses?
Rule 701
300
What is 803(6)
What is records of regularly conducted activity exception to hearsay
300
This ruling states that even if a declarant is a witness in the case or is testify, does not mean that their statements made out of court are automatically admissible
What is American's Best Cookie vs. International House of Waffles
400
Name 3 of the 6 types of inadmissible evidence outlined in rule 403
unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, cumulative evidence
400
Name the 4 prongs of 702
a) Expertise is relevant to the case
b) sufficient facts and data
c) reliable principles and methods
d)reliably apply those principles and methods to the case
400
What is rule 804 (b) (1)
What is former testimony exception to hearsay when declarant is unavailable
400
This ruling states that a police officer cannot be considered a party opponent in a criminal case in order to allow their statement made out of court to fall under the exclusion 801(d)(2)
What is State vs Capaldi
400
An individual need not be charged with conspiracy for their statements to qualify under the hearsay exclusion of Midlands Rule of Evidence 801(d)(2)(E).
What is State vs Alston-Harmon and Maples
500
What 406?
A person's habit or routine practice may be admitted to prove that a person acted with accordance to that habit
500
What is rule 705?
Unless the court orders otherwise, an expert may state an opinion – and give the reasons for it – without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
500
What is rule 805
Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
500
This ruling states that police reports are not admissible under the business records exception of hearsay 803(6) or 803(8)-public records
What is State vs Compton
500
A public record of a criminal conviction is not a police report and, thus, is not excluded by Midlands Rule of Evidence 803(8)(ii).