FRE Jeapordy

I Object!

100

On direct examination, "Isn't it true that the green car ran the red light."

Leading

200

"What did Fred tell you he saw?"

Hearsay

300

"Tell the jury when you got to the bar and what you saw."

Compound Question

400

"Did I hear you wrong or are you just stupid?"

Badgering the Witness

500

"I know you weren't there, but what time do you think the Defendant left the bar?"

Call for speculation, Personal Knowledge, Foundation, Improper Opinion

It's Irrelevant

100

Relevance defined.

Evidence that has any tendency to make a fact of consequence more or less probable.

200

This adverb describes the degree to which the danger of unfair prejudice must outweigh probative value according to FRE 403.

Substantially

300

Two examples of purposes for which a subsequent remedial measure can be admitted.

Ownership, control, feasibility of precautionary measures.

400

"Professor Moore always forgets to take the mic pack off after class." If relevant, this statement would be potentially admissible under Rule 406 as this.

Habit Evidence

500

One consideration other than prejudice that could be weighed against probative value under rule 403.

• Delay 
• Waste of Time 
• Confusion of the Issues 
• Misleading the Jury
• Needless Presentation of     Cumulative Evidence

Privileges

100

The attorney-client privilege protects this type of communication.

Confidential

200

This privilege does not survive the end of the marriage.

Spousal Testimony/Incapacity

300

An attorney's observations, reflections and plans are protected by this privilege.

Work Product

400

The spouse who is the privilege holder of the spousal communications privilege.

Both Spouses

500

Rule 501 applies this body of law to the determination of a claim of privilege.

Federal Common Law

You're Impeached

100

These two types of testimony are permissible to prove a person has poor character for truthfulness.

Opinion and Reputation

200

A favored type of impeachment that shows a witness has a stake in the outcome.

Bias

300

This category of prior convictions is subjected by Rule 609 to a reverse FRE 403 analysis.

Convictions over 10 years old.

400

The parties who may impeach a witness.

Any Party

500

The prerequisites for introducing extrinsic evidence of a prior inconsistent statement.

• Provided to opposing counsel (on request)
• Opportunity to explain 
• Opportunity to examine witness about it

Hearsay

100

This case held that a limiting instruction is insufficient to remedy the effect of admitting a non-testifying co-accused's hearsay statement implicating the defendant.

Bruton

200

The temporal limit of a present sense impression.

While or immediately after the event is perceived.

300

"I am going to buy lottery tickets tomorrow," fits within this exception.

State of Mind

400

The foundational requirements for a "Business Record."

• Made at or near the time of     the event based on personal knowledge 
• Kept in ordinary course of business 
• Made in ordinary course of business

500

The requirements to offer a prior inconsistent statement for the truth of the matter asserted.

• Declarant testifies and is subject to cross 
• Statement given under penalty of perjury at trial, hearing or other proceeding