Relevance
Probativeness and materiality
What are the elements of relevance?
Evidence showing that someone acted in accordence with a particular character trait on a given occasion.
What is propensity evidence?
Introducing evidence of a witness's character for truthfulness after it has been attacked
What is rehabilitation?
The declarant intends to communicate a fact
What is an intentional assertion?
Non self-inculpatory statements included in a broader statement against interest
What is not admissible under the statement against interest hearsay exception, as established in Williamson v. US?
Ownership, control, bias, etc., but NOT negligence or wrongdoing
What are the purposes for which evidence of liability insurance may be admissible?
evidence of past sexual behavior with the defendant
What type of evidence of past sexual behavior is not prohibited by the FRE 412 rape shield?
Witness is biased against this defendant; Witness has changed their account about what happened; Another witness has a different account; Witness is incapable of distinguishing between the truth and a lie (usually applied to children)
What are the non-character modes of impeachment for sincerity?
Statements made or adopted by the party, statements made by the party's authorized speaker, agent, employee, or coconspirator may be admissible against the party under this rule.
What is the opposing party statement rule? or What is FRE 801(d)(2)?
solemn declarations made for the purpose of establishing or proving some fact
What is a testimonial statement?
Negligence, culpable conduct, a defect in product design, or a need for a warning or instruction
What is evidence of subsequent remedial measures not admissible to prove?
Allows the defendant to introduce evidence of a pertinent character trait as part of their defense
What is the mercy rule?
Only [????] may introduce a writing used to refresh recollection into evidence
What is an adverse party?
Privilege, refusal to testify, lack of memory, deat/infirmity, or inability to procure attendance
What are the criteria for unavailability for FRE 804?
Non-testimonial statements
What types of statements never violate the confrontation clause?
Defendant had an actual subjective expectation of negotiating a plea; the expectation was reasonable given the totality of the objective circumstances
What are the elements of the two part Robertson test foe whether plea bargaining occurred for the purposes of FRE 410?
Allow in evidence of past sexual misconduct for propensity purposes; to prove that the defendant engaged in sexual misconduct on this occassion.
What are FRE 413, 414, and 415?
- FRE 413 applies to sexual assault
- FRE 414 applies to child molestation
- FRE 415 applies to either SA or CM in civil cases
impeaches a witness and proves or disproves a material fact at issue
What is a non-collateral matter? (extrinsic evidence permissible here)
What are homicide prosecutions or civil cases?
Casual remarks to an acquaintance; statements made during an ongoing emergency
What are non-testimonial statements?
Unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence
What may render evidence inadmissible under FRE 403?
Bonus points for noting that FRE 403 is a rule of last resort.
Evidence that someone responds predictably to a particular stimuli, to prove that they responded in that manner on a particular occassion
What is habit evidence?
a matter that is relevant to the case solely because it impeaches a witness
What is a collateral matter? (extrinsic evidence impermissible)
The hearsay statements themselves may be used to determine whether a conspiracy existed and whether the statements were in furtherance of that conspiracy, but that cannot be the only evidence presented
What is bootstrapping?
A witness is unavailable and made a testimonial statement, but the defendant previously had an opportunity to cross examine with similar motive
What could prevent a defendant from raising a confrontation clause issue?