The Rules Rule
Evan is on trial for murder. The prosecution wants to introduce evidence that he owns a snake. What rule of evidence would you object with?
Rule 801- Relevance
A plaintiff seeks to introduce a traffic accident report in a wrongful death suit. What rule allows the plaintiff to do this?
Rule 803(8)(A)(ii) -Civil Exception to the Law Enforcement Report exclusion
A newly licensed driver caused an accident and died before trial. The prosecution sought to offer evidence that his mother, at his doctor's appointment a few weeks prior, had made a statement to his doctor that he "suddenly lost consciousness without warning" to avoid liability (claiming the blackout was unforeseeable). What rule would this be admissible under?
Rule 803(4)- Medical Diagnosis
Betty testifies "I remember my husband hit me last week"
What rule would this not be admissible under and why?
It would not be admissible under Rule 803(3) State of Mind, because it would be excluded under the rules then-existing filter.
Lottie sees her co-worker, Ben, every day. Ben is later arrested and Lottie is called to testify. Ben had gotten a new haircut prior to trial, so when the prosecution asks Lottie to identify Ben she accidentally points to his lawyer. The prosecution then seeks to introduce evidence that Lottie had previously identified Ben in a photo array as "her co-worker ben" and have it admitted under Statements of Identification (Rule 801(d)(1)(C)). Will this work?
No it fails the "perceived earlier" prong to apply this exemption. This is interpreted as perceiving the person in a crime-related context, not simply being familiar with them
The prosecution sought to introduce evidence that the defendant said "I'm going to rob the bank tomorrow." What rule would allow this statement in?
Rule 803(3) - Then-Existing Mental, Emotional, or Physical Condition.
Assume for this problem that the evidence has passed the character evidence filter, the prosecution wants to introduce evidence that Dylan, who is on trial for fraud was voted "most likely to succeed by cheating" in his school's yearbook. What rule(s) of evidence would use to support your objection for why it is inadmissible?
Rule 401- Relevance
Rule 403 - Unfair Prejudice
The defendant testifies that "Larry gave me a thumbs up" when i asked if he was sure the gun was unloaded.
Is this hearsay?
Yes
In their case in chief, the prosecutor in a defamation case seeks to bring character evidence in that the defendant has a reputation for being untruthful. can they?
Yes
A defendant testifies "I am a peaceful person, therefore I am less likely to have committed this violent crime"
Rule and admissibility?
Rule 404(a)(2)(A)
Admissible
Daryl, a school administrator, is on trial for having an inappropriate relationship with a student and is being charged with sexual assault. What rule would allow for the prosecution to offer evidence that he was fired from his previous job, for similar conduct?
The prosecution seeks to admit evidence that the defendant, a financial services professional, sent an email admitting to misappropriating funds, including a parenthetical that said "I just stole it."
What rule allows this statement in?
Rule 801(d)(2)(A)
Mr. Smith owns a lawnmower designed for residential use with a small, 14-inch cutting deck. One day, Mr. Smith, is injured when the lawnmower's plastic grass catcher attachment snaps off. The plaintiff attempts to introduce evidence of a prior accident involving the same manufacturer. The accident involved a broken blade of a commercial-grade, 36-inch cutting deck lawnmower used by a landscaping company.
Should it be admitted?
No, the accidents were not substantially similar
On January 1, a burglary occurs at a store in New York City. The Defendant: David is a suspect, known to have been in NYC at the time. On March 15 (over two months later), David moves from New York to Los Angeles to take a job offer he received in February. Three weeks later David is arrested in Los Angeles six months later for the January 1 burglary. Why is this evidence not admissible?
It fails the first prong of the evidence test for flight
"Wally is a biter, so he must have bit the victim"
Rule and admissibility?
Rule 404(a)
A witness testifies that "I said 'that's the guy'". Previously he had identified the suspect from a photo array right after the crime.
What rule allows this to come in?
Rule 801(d)(1)(C)
Maggie was involved in an accident whre a bulldozer ran over her. At trial, she sought to admit evidence that, soon after the accident, her employer installed a back-up alarm on the bulldozer that injured her to prevent any similar accidents from occuring. What rule would govern this evidence, and is it admissible?
Rule 407- Subsequent Remedial Measures
No
Joan goes and makes statements to the police that "Bob is actually a secret mafia leader". A few weeks later, Bob and Joan are told that they are competing against each other for a promotion. Months later, Bob is on trial and the defense starts attacking Joan saying she just wants Bob to be convicted so she gets the promotion. The prosecution wishes to bring in Joan's statements to the police. What rule would allow them to do so?
Prior Consistent Statements (Rule 801(d)(1)(B))
Seller Company sued Buyer Company, claiming that Buyer Company owed Seller Company $10,000 as a result of a business transaction. a Buyer Company employee made the statement " I agree we owe you $10,000, but I need to know if you’d accept $8,000 instead" to a Seller Company employee.
What rule governs and is this admissible?
Rule 408
Yes
Ruby is testifying and says that the car she saw hit the pedestrian was blue. Months ago, Ruby testified in front of a grand jury that the car was red. The prosecution the moves to admit the grand jury testimony as substantive evidence, even though the witness's in-court statement wasn't a direct contradiction. What rule would be their best bet at getting the evidence admitted?
Prior Inconsistent Statements (Rule 801(d)(1)(A))
The victim in an attempted murder case seeks to testify that after he was shot he testified "I can't believe you, Ron, you shot me and I am going to die"
He is not at trial to testify despite making a miraculous recovery, what would allow this statement in?
Rule 804(b)(2): Dying Declaration
In a negligence case, the plaintiff seeks to introduce evidence that the defendant had car insurance, to prove that obviously she was a bad driver why else would she need insurance. What rule prohibits this?
Rule 409
An officer testifies that a drug dog signaled to the defendant's bag that their were drugs. Is this hearsay?
No, the dog is not a declarant.
A speed radar clocked the defendant going 125 MPH. The prosecution seeks to enter this into evidence, is it hearsay?
No, the speed radar is not a declarant
"You took my protein shake, didn't you?"
Does this sentence qualify as hearsay?
Yes, it is a question that is really an accusation and can be considered an assertion