Admit It or Quit It
This is the basic requirement for evidence to be admissible in court, and what it means.
What is relevance (having any tendency to make fact more or less probable)?
Girl that's hearsay.
What is an out of court statement offered to prove the truth of what it says?
Prior testimony can be admitted if these conditions are met.
What is: the witness is unavailable and the defendant had an earlier opportunity to cross-examine?
Lay opinion must be rationally based on this.
What is the witness's own perception?
Some evidence might require some showing that the evidence is what it claims to be. This evidence does not, as 902 contains a shortcut.
These are the main factors considered in a 403 balancing test.
What is danger of unfair prejudice, confusion/misleading evidence, and waste of time?
If you aren't dead, it's hearsay. But, if you were not blaming someone and just trying to not die, this hearsay exception might come into play.
What is Rule 803(4): Statements made for Medical Diagnosis or Treatment?
Statements made during an ongoing emergency are considered ______, and therefore do not require confrontation.
What is non-testimonial?
Courts allow this "loophole" for a lay person to offer specific testimony (like a business owner is allowed to testify about the value of their inventory).
What is particularized knowledge of their own business?
Under the best evidence rule originals are preferred, but duplicates are usually fine unless one of these two situations apply (ignoring exceptions for now).
What is a genuine question about the original's authenticity, or circumstances that make it unfair to admit the duplicate?
These are the five types of specialized evidence rules that are pretty much always excluded as prejudicial (some exceptions).
What are subsequent safety measures, settlement offers/negotiations, offers to pay medical bills, liability insurance, and withdrawn guilty pleas/plea bargain statements?
Two co-conspirators have a conversation where they each admit to committing illegal acts during an ongoing conspiracy, while planning their next move. These are some reasons those statements may be admissible (fact dependent).
What are Statement by Co-conspirators during and in furtherance of conspiracy, statements against interest, or opposing party's statements?
What is, "Was the statement made to resolve an emergency or to establish facts for trial"?
Experts may testify on "ultimate issues" (like whether a substance was cocaine), but they cannot testify about this.
What is witness credibility?
Under Rule 502(b), inadvertent disclosure does not waive privilege if these three conditions are met.
Disclosure was inadvertent; reasonable steps were taken to prevent it; prompt steps were taken to rectify.
The main method of proving character is by reputation or opinion. But, in this rare case, a person's character may be proved using specific instances of conduct.
What is when a person's character or trait is an essential element of a charge, claim, or defense.
In Rule 803(3): Then Existing State of Mind, Emotions, or Physical Condition, where declarant's availability is irrelevant, these are the three states of mind that a statement may be admissible to show.
What are Motive, Intent, and Plan?
In Bullcoming, the Court held that this type of testimony for lab reports was insufficient to satisfy the Confrontation clause.
What is surrogate testimony by another analyst?
Rule 703 allows experts to rely on facts or data even if those facts are ______, so long as __________________________.
What is inadmissible, so long as they are reasonably relied upon in the field?
Once the jury announces a verdict following deliberation, what they say is private and final. These three things can be discussed.
What are extraneous prejudicial information, outside influences, and mistakes on a form?
These are the reasons evidence of a past crime/wrong may be admissible (under 404). Name at least 5.
What are Knowledge, Motive, Identity (modus operandi), res gestae (story), lack of accident/mistake, opportunity, intent, preparation, and plan?
Prior inconsistent statements may be used as impeachment tools. Under rule 801(d)(1)(A), they can also be used substantively when these conditions are met.
What is the statement is made under oath at a formal proceeding, the declarant testifies at trial, and the declarant is subject to cross-examination?
When a co‑defendant’s confession would violate the Confrontation Clause under Bruton, these are some of the acceptable “cures” courts may use instead of relying on jury instructions. Name at least three.
What are severing trials, using separate juries, holding a bench trial, admitting a co‑conspirator’s non‑testimonial statement, allowing cross‑examination of the co‑defendant, or effective redaction?
These are the Daubert factors for judges to consider in their role as gatekeepers for expert evidence.
What are testability, peer review/publication, known or potential error rate, general acceptance in the relevant field, and whether research was conducted independently or just for litigation?
Name/describe two key differences between the spousal testimonial privilege and the marital communications privilege.
What is testimonial privilege applies only in criminal cases and belongs to the testifying spouse; marital communications privilege applies in civil and criminal cases, protects confidential communications, and can be asserted by either spouse?