There’s a Rule for That
This rule weighs probative value against unfair prejudice
What is Rule 403?
These witnesses can testify based only on their personal observations and their inferences
What are lay witnesses?
Even if a past act can be introduce for a Rule 404(b) permissible purpose (such as motive), it still must be evaluted under this Rule.
What is Rule 403?
Under Rule 104(a), a judge determines whether the elements of hearsay exceptions are satisfied under this standard
What is the preponderance of the evidence standard?
This is Professor Sundby’s favorite sport
What is soccer?
This hearsay exception admits statements by party opponents
What is Rule 801(d)(2)(A)?
This can be authenticated by someone familiar with it from before trial, comparison by the jury, or by an expert who familiarizes themselves with it for trial
What is handwriting?
This set of rule’s allows through the box evidence for a witness’s character for truthfulness
What are Rules 404(a)(3), 607, 608, and 609?
This is why a co-conspirators confession of a crime to police would not fall within Rule 801(d)(2)(E)
What is a statement not made in furtherance of the conspiracy?
This is Professor Sundby’s dog’s name
Heidi
This Rule concerns liability insurance
What is Rule 411?
This test for expert admissibility is considered more permissive of novel science or techniques
What is Frye?
The “form” requirements for attacking a witness’s character for truthfulness come from this rule
What is Rule 608?
These are the elements of a dying declaration
What is witness unavailablity, a homicide or civil case, imminent declarant death, and a statement cocncerning the cause of death?
Professor Sundby was a certified instructor in this before he was a law professor
What is scuba diving?
This rule makes habit evidence admissible
What is rule 406?
According to the Advisory Committee Notes, this can be identified by through lay testimony
What are drugs?
The only judicially-created Rule 404(b) permissible purpose we examined this semester
What is narrative integrity?
Williamson requires this modification to long hearsay statements
What is division into separate statements and redaction of exculpatory portions?
This is the number of continents Professor Sundby has lived on (defined as 6+ months)
What is 4 (North America, South America, Europe, and Oceania)?
This hearsay exception concerns prior identifications
What is Rule 801(d)(1)(C)?
When all originals have been lost or destroyed, secondary evidence on this point is allowed only if there is a finding of bad faith
What is to prove the contents?
Even if the defendant does not introduce any character evidence, the prosecution can introduce this character evidence to combat a self-defense claim in a homicide case.
What is evidence of the victim's character for peacefulness?
Whether this is hearsay depends on if the judge is a textualist or a pruposivist
What is a witness's own out-of-court statement?
Professor Sundby despises this food and refers to it as “the devil’s fruit"
What is the objectively evil onion?