Relevance & Admissibility
What are the two requirements for relevant evidence under FRE 401?
Any tendency to make a fact more or less probable, and the fact must be of consequence.
What does Rule 404(a)(1) generally prohibit?
Using character to prove a person acted in accordance with that trait on a particular occasion.
Who can impeach a witness under 607?
Any party, including the party that called the witness.
What is the basic purpose of FRE 412?
To generally exclude evidence of an alleged victim's other sexual behavior or sexual predisposition.
What three basic elements identify hearsay under 801(c)?
A statement, made outside current trial/hearing testimony, offered for the truth of what it asserts.
Under FRE 403, what is the precise balancing standard?
Probative value is substantially outweighed by one or more specified dangers.
Name three permissible non-propensity purposes under 404(b).
For example motive, intent, knowledge, identity, plan, opportunity, preparation, absence of mistake, or lack of accident.
Under 608(b), can counsel prove a witness's alleged lie using extrinsic evidence solely to attack truthful character?
No. Judge may allow inquiry on cross, but extrinsic proof for that purpose is barred.
Which rule permits qualifying other sexual assaults as propensity evidence in a criminal sexual assault prosecution?
FRE 413.
A warning is offered only to show the listener had notice. Is it hearsay for that purpose?
No; effect on listener/notice is a non-truth purpose.
Who decides preliminary admissibility under 104(a), and under what usual standard?
The judge, generally by a preponderance of the evidence.
Under 405(a), what two methods ordinarily prove admissible character?
Reputation and opinion.
When can evidence supporting a witness's truthful character be introduced under 608(a)?
Only after the witness's character for truthfulness has been attacked.
Which rule governs qualifying other child molestation acts in a criminal child molestation case?
FRE 414.
Does FRE 803 require declarant unavailability?
No, unlike Rule 804 exceptions.
Under 104(b), what must the judge find?
Sufficient evidence to support a finding that the conditional fact exists.
A witness always follows the same detailed safety checklist before starting a machine. What rule may permit this evidence?
FRE 406, habit or routine practice.
What is the difference in felony conviction balancing under 609(a)(1) for a criminal defendant versus another witness?
Criminal defendant: probative value must outweigh prejudice to that defendant; other witnesses: ordinary Rule 403 balancing.
Which rule covers qualifying sexual assault or child molestation acts in civil cases?
FRE 415.
A witness's earlier inconsistent statement was made casually to a friend, not under oath. Does 801(d)(1)(A) permit it for its truth?
No; that subsection requires a qualifying statement under penalty of perjury in a proceeding or deposition.
A repair was made after an accident. Plaintiff offers it solely to prove negligence. What rule applies and what's the ruling?
FRE 407; exclude for proving negligence, subject to any applicable other purpose.
Defendant offers a prior burglary to prove accused committed the charged burglary because 'he's a burglar.' Analyze.
Improper propensity inference under 404(b)(1). No genuine non-propensity purpose shown; exclude.
Witness denies making an earlier inconsistent statement. What two rules must you distinguish to determine impeachment versus substantive use?
Rule 613 for impeachment and 801(d)(1)(A) for substantive nonhearsay use when its requirements are met.
Name the three criminal exceptions under 412(b)(1).
Other source of physical evidence; specific sexual behavior with accused to prove consent or when offered by prosecution; constitutionally required evidence.
In a criminal prosecution, a testimonial statement is offered against the accused. What constitutional issue must be analyzed separately from hearsay?
Sixth Amendment Confrontation Clause; generally requires declarant unavailable and a prior opportunity for cross-examination.