Out of Court Chaos
This is the definition of hearsay under Rule 801.
What is an out-of-court statement offered to prove the truth of the matter asserted?
This is the standard under Rule 403 for assessing whether relevant evidence may be excluded.
What is whether its probative value is substantially outweighed by unfair prejudice?
If a prosecution witness testifies, "Martin told me that he hated Rob" and a defense attorney objects, this is the rule the State's attorney should cite in response.
What is Rule 801 d2d - Party opponent?
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is based on this.
What is a rationally based perception (Rule 701)?
This is the examination when leading questions are permissible.
What is cross examination?
This rule exempts from hearsay the statements made by an opposing party when offered against that opposing party.
What is Rule 801(d)(2) - party opponent?
This is the test for relevant evidence.
What is whether it has a tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence in determining the action?
If a defense witness says, "Charlie is a good guy, he would never do this!", this is the rule that a prosecution attorney would use to object to this testimony.
What is Rule 404, Improper Character Evidence?
When the witness goes on and on and on and on ....and on, this is the appropriate objection to make.
What is narrative?
What is present sense impression, Rule 803(1)?
The use of person's character or character trait for this purpose makes it inadmissible, subject to certain exceptions.
What is that on a particular occasion, the person acted in accordance with the character or trait.
If a defense witness testifies, "There was a gunshot and I got scared and I yelled "OH MY GOD, HE'S GOT A GUN!" and prosecution attorney objects to hearsay, this is the rule the defense attorney should invoke.
What is Rule 803(2) - Excited Utterance?
This is the examination when leading questions are permissible.
What is cross examination?
Ask me once, get an answer. Ask me twice, get this objection.
What is Rule 803(3), then existing mental, emotional, or physical condition?
This rule permits evidence of a person's habit to be admitted to prove that on a particular occasion the person acted in accordance with that habit.
What is rule 406?
Defense objects to the statement in Hartley's report that Rob's medical records showed a "mild cat allergy that presented as allergic rhinitis" as inadmissible hearsay. This is the hearsay exception the State might cite in response.
What is Rule 803(4) - Statements made for a medical diagnosis or treatment?
A receipt is an example of this exception to the hearsay rule.
What is a record of a regularly conducted activity under Rule 803(6)?
The defense attorney asks Rivera, "Isn't it true that you spoke with no other contestants and you spoke with no one at Selcov either?" The State objects using this objection and it is sustained.
What is compound question?
This is the rule number of the hearsay exception that admits statements made for a medical diagnosis or treatment.
What is Rule 803(4)?
This rule permits evidence of another crime, wrong, or act to be admissible for purposes of proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
What is Rule 404(b)(2)?
Upon discovering the extra weight in Rob's bag, Rivera testifies: “Patel mentioned that the sabotage was only to allow an extra 10 pounds, not an extra 20.” This is the hearsay exception the State might rely upon to argue for the admissibility of Patel's statement.
What is Rule 803(3)? (Plan/intent of the sabotage)
This is the "A" in Kristen's R.A.C. technique.
What is application?
Martin answers a question on cross examination and the State's attorney comments, "that's hard to believe." The defense attorney objects on this ground and it is sustained.
What is argumentative?