According to Rule 101(a), what proceedings do the federal rules apply?
According to Rule 101(a), where are the specific courts, proceedings, and exceptions identified? In other words, which rule would you consult to determine the specific courts, proceedings, and exceptions?
Rule 1101
Under which rule can you find the definitions of key terms used in the Rules of Evidence?
Rule 101(b)
According to the definitions in these rules, what does the term “civil case” mean? and what rule can this be found?
Means a civil action or proceeding.
Rule 101(b)
Rule 101
Under rule 103(a)(2), how do you defend an objection?
The party informs the courts of its substance by an offer of proof. Unless the substance was apparent from the context.
pg. 44
Under Rule 101(b), what does the term “rule prescribed by the Supreme Court” mean?
Under these rules, what is included within the meaning of a “criminal case”? and in which rule is this definition found?
How do these rules define a “public office,” and in which rule is this definition found?
According to the definitions in these rules, what does the term “civil case” mean? and what rule can this be found?
Means a rule adopted by the Supreme Court under statutory authority
To what courts do the Federal Rules of Evidence apply?
In United States courts.
Name three types of proceedings to which these rules do not apply (other than privilege).
Rule 1101 (d)
If a defendant in a criminal case testifies on a preliminary question, can they be cross-examined on other issues in the case?
No. 104(d)
If the relevance of evidence depends on a fact, what must be introduced to support its admissibility?
Proof must be introduced sufficient to support a finding that the fact does exist.
Rule 104(b)
Who decides preliminary questions about whether a witness is qualified, a privilege exists, or evidence is admissible?
The Judge/Court
Rule 104(a)
In what types of cases do these rules apply?
1. Civil cases and proceedings, including bankruptcy, admiralty, and maritime cases;
2. criminal cases and proceedings, and
3. contempt proceedings, except those in which the court may act summarily.
Rule 1101 (b)
Under rule 101(b), a "record" includes what?
Incudes a memorandum, report, or data compilation
The court must conduct a hearing so that the Jury cannot hear it if what?
If its on a preliminary question and if:
1. The hearing involves the admissibility of a confession;
2. a defendant in a criminal case is a witness and request it; or
3. justice so requires
Rule 104(c)
Rule 103(e) states?
Hint: Taking Notice of Plain Error
The appellate courts can take notice of a plain error if it affects a substantial right, even if the claim of error was not properly preserved.
At what stages of a case do the rules on privilege apply?
The rules on privilege apply to all stages of a case or proceeding.
Rule 1101(c)
According to Rule 101(b)(6), a reference to any kind of written material or any other medium includes what?
electronically stored information
Under Rule 103(c), what may the court do regarding an objection to evidence?
Make any statement about:
1. The character or form of the evidence
2. The objection made
3. The ruling made
4. and can direct that an offer of proof be made in question and answer form.
True or false: A federal statute or a rule prescribed by the Supreme Court cannot override these rules regarding the admission or exclusion of evidence.
False.
1101(e)
What is the rule of completeness? (tell me everything you know about it).
1. What is the rule?
2. Why is it important?
3. What does it apply to?
If a party introduces all or part of a statement, then the other party may require the introduction of others parts.
Important things:
1. The adverse party can bring it as soon as possible.
2. Even if the statement was barred under hearsay, it will be admitted if necessary.
3. The rule applies to all statements (written, oral, text, & other communications).
4. The statement does NOT need to be a remaining portion of a document! It can be other statements offered by the adverse party (as long as it is necessary).
5. Fairness Principle (the why of 106): the rule admits portions of statements "that in fairness ought to be considered at the same time" as those offered by the opponent.
How do you maintain an objection after it has been raised?
*The rule can be made definite before or at the trial.
103(b). Pg. 45
What is Illustrative aids? - (tell me everything you know about it).
1. Where is it in the rules of evidence?
2. Why is the rule important?
3. What are the permitted uses?
4. When can it be used in jury deliberations?
Under what rule do you raise an objection and how do you raise an objection?
Rule 103(a)
1. The objection or strike must be TIMELY, and
2. The party must state the SPECIFIC GROUND (unless it was apparent to the context).
*An objection can only be raised if the evidence will affect a substantial right of the party.*
What is rule 105
Limiting Evidence
This is used if the court admits evidence against a person or purpose BUT not for another person or purpose. If this happens then the court MUST:
1. Restrict the evidence to its proper scope; AND
2. Instruct the jury according.