Article 1
Requirements for preserving a claim for erroneous admission of evidence.
What is make a timely objection or move to strike?
T/F: Judicial notice can only be taken at trial.
False: Judicial notice can be taken at any stage in litigation from pretrial to appeal.
A prosecutor may use these three forms of character evidence on cross.
What are opinion, knowledge, and specific instances?
While it does not guarantee admission, failure to do this is objectionable.
What is authenticate evidence?
To prove the contents of a writing, produce the writing.
What is the best evidence rule?
While this type of objection can preserve error, it is unreliable.
What is a general objection?
The two components of the burden of proof.
What are production and persuasion?
T/F: Compromise is a concession of wrong doing.
False: Compromise is an attempt to buy peace and is inadmissible to prove validity or amount of disputed claim.
Ways to prove the item is what you claim it is.
What is direct testimony and circumstantial evidence?
Letters, words, numbers or their equivalent in any form.
What is a writing?
Requirements for preserving a claim for erroneous exclusion of evidence?
What is making an offer of proof?
Universal truths that don't depend on the facts of the case.
What are legislative facts?
Evidence that steps were taken that would have made an earlier injury less likely and inadmissible to prove negligence.
What are subsequent remedial measures?
Objections on the chain of custody or weaknesses in the chain of custody go to this.
What is the weight, not the admissiblity?
When the evidence is voluminous, the court can turn to this.
What are summaries (to prove content)?
These are things you must establish before a court will decide if a witness is qualified, a privilege exists, or evidence is admissible.
What are preliminary questions?
Producing some evidence contrary to the presumption which automatically removes the conclusion the jury must make.
What is rebutting a presumption?
T/F: Evidence offered to prove a victim engaged in other sexual behaviors or a victim's sexual predisposition is inadmissible.
True: FRE 412 tells us victim behavior/predisposition evidence is inadmissible.
Authentication is a manner of establishing this.
What is relevancy?
T/F: Other evidence of the content is admissible if all originals are lost or destroyed and not by the proponent in bad faith.
True
T/F: A limiting instruction is a matter of right and it is error to refuse it.
True: if a party requests a limiting instruction, the judge must grant it.
T/F: Some presumptions are more durable than others.
True: Some presumptions only require a scintilla of evidence to "burst" the presumptions while others take more evidence.
Rules 413-415 govern this type of conduct.
What is similar crimes in SA cases, similar crimes in CM cases, and similar acts in civil cases with SA & CM.
An item that is not proffered as an exhibit but illustrates a point the witness is trying to make.
What is Chalk?
T/F: When the party who has control of the original fails to produce it when put on notice, other evidence is admissible.
True