Character
Rule 407. Subsequent Remedial Measures states that after an accident, the person that fixes the cause of the accident _____ (is/isn't) liable
What is isn’t?
If scientific, technical, or other specialized knowledge will help the trier understand the evidence and they witness is qualified as an expert they may testify in the form of an opinion.
What is Rule 702 Testimony by Experts?
Hearsay Definition
What is an out of court statement offered to prove the truth of the matter asserted
Declarant Definition
What is, a person that makes a statement
Of any question that is essentially an argument to the trier of fact is improper.
What is. Rule 1101 Argumentative
This exception of the character evidence rule states that the defense may present character evidence of the defendant IF it shows that the defendant's character is inconsistent with the act(s) that he/she is accused of
What is Rule 404(a)(1) Character of Accused?
If a witness is not testifying as an expert witness their form of opinions are limited to those that are rationally based, clear understanding of the witnesses testimony, or not based on scientific, technical, or other specialized knowledge.
What is Rule 701 Opinion Testimony by Lay Witness?
____ included _____ _____ is not excluded under the hearsay rules if each part of the combined statement conforms with an exception to the hearsay rule provided in these rules.
What is rule 805: hearsay within hearsay
A statement relating to a startling event or condition made while the declarant was under stress of excitement caused by the event or condition
What is Excited Utterance
Not having the necessary amount of foundation to enter the question
Rule 1104 Lack of Foundation
Evidence of the habit of a person or the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses is relevant to prove that the conduct of the person or organization, on a particular occasion, was in conformity with the habit or routine practice.
What is Rule 406 Habit, Routine Practice
The expert and say opinions without having evidence behind it as long as it is about what they are an expert in.
What is Rule 703 Testimony by Experts?
Former testimony. Testimony given as a witness at another hearing of the same or another proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding.
What is rule 804 (b) (1)
The rule number that indicates statements by the party's opponent are not hearsay
What is 801d2?
An answer that does not directly respond to the question
Rule 1106 Unresponsive
Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury
What is Rule 409 Payment of Medical or Similar Expenses
No expert witness testifying to the mental state of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state constituting an element of the crime charged.
What is Rule 704 Opinion on Ultimate Issue section b?
The reputation of a person’s character among associates or in the community.
What is rule 803 subsection 21 Reputation as to character?
The main requirements for a document being considered a business record
What is being kept in the course of regular activity, being entered through the custodian of the record, and not showing a lack of trustworthiness?
If a witness invents facts on direct examination which affect the outcome of the trial
Rule 1107 Unfair extrapolation
Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against a defendant who made the plea or was a participant in the plea
What is Rule 410: Inadmissibility of Pleas
The expert may testify to opinion or inference and give reasons without testifying to underlying facts or data. The expert may in any event be required to disclose the underlying facts or data on cross examination.
What is Rule 705 disclosure of facts or data underlying expert opinion?
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it
What is rule 803 (1), Present Sense Impression
Then Existing Mental, Emotional, or Physical Condition
What is, 803 (3) A statement of the declarant's then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition, but not including a state of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant's will
These national high school mock trial rules of evidence govern the trial proceedings of the national high school mock trial championship
Rule 1101 Scope