400s
Irrelevant evidence is inadmissible unless these provide otherwise
What are: the Constitution, the Midlands Rules of Evidence, and other Midlands laws?
Non expert testimony is limited by this rule.
What is Rule 701?
The definition of hearsay.
What is an out of court statement that is offered to prove the truth of the matter asserted.
This rule governs when writings, recordings, or photographs must be introduced in original form.
What is the Best Evidence Rule? (Rule 1002)
This case recognizes that in Midlands, “hearsay” includes out-of-court statements by a witness who is on the stand or by another person who has or will be testifying in a particular trial.
What is America's Best Cookie vs. International House of Waffles?
The definition of character evidence.
What is evidence of a person's character or character trait.
This number of prongs must be met to qualify an expert witness under Rule 702.
What is four?
The colloquial name for Midlands Rule of Evidence 801(d)(2)
What is the party opponent rule?
This rule says leading questions are generally permitted only during this type of examination.
What is Rule 611(c)?
There are now several pieces of case law relating to expert case law, but these three are the core cases.
What are: Davis v. Adams, Tarot Readers Association of Midlands v. Merrell Dow, and Richards vs. Mississippi BBQ?
Rule 405 addresses the admissibility of this type of evidence.
What is evidence of a habit or routine practice?
This is the one topic on which a lay witness cannot base an opinion under Rule 701, because it is reserved for experts under Rule 702.
What is scientific, technical, or other specialized knowledge?
The definition of statement.
What is a person's oral or written assertion, or non-verbal conduct that is intended as an assertion.
Rule 615 allows this action concerning witnesses during trial.
What is sequestration?
This case held that absent particularized reason to believe that the communication may have been sent by someone else, the fact that an electronic communication is listed as coming from a number or account that is either known or purports to belong to a particular person is sufficient foundation that the communication was sent by the person.
What is Ginger v. Heisman?
This use of character evidence is prohibited by Rule 404(a)(1).
What is the use of character evidence to show that on a particular occasion, a person acted in accordance with that character or character trait?
An expert witness may not serve merely as this for the opinion of another non-testifying expert.
What is a conduit?
The title of Rule 805.
What is hearsay within hearsay?
The colloquial name for Rule 106, addressing when a party introduces part of a writing or statement, and the opposing party requires introduction of the rest for fairness.
What is the rule of completeness?
This case held that as long as the proponent of the statement produces evidence that would permit a reasonable jury to find, by a preponderance of the evidence, that a given person made a particular statement, a court assessing admissibility must assume that the statement was made by that person.
What is Kennedy v. Kennedy-Jones?
The Court may exclude relevant evidence when its probative value is substantially outweighed by these 6 dangers:
What are unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, and needlessly presenting cumulative evidence?
The five qualifications by which a witness may be deemed an expert.
What are knowledge, skill, experience, training, or education?
Name two exceptions to hearsay and their accompanying rule numbers.
What are...
803(1) Present Sense Impression
803(2) Excited Utterance
803(3) Then Existing Mental, Emotional, or Physical Condition
803(4) Statement Made for Medical Diagnosis or Treatment...etc.
Rule 607 says this party may attack a witness’s credibility.
What is any party, including the one who called the witness?
This case prohibits the use of experts as weapons of trial by ambush.
What is Kane Software Co. v. Mars Investigations?