Basics
The definition of relevance.
What is "evidence that has any tendency to make a fact of consequence more or less likely?"
What rule prohibits evidence of a person's character or character trait to prove that on a particular occasion the person acted in accordance with the character or trait?
What is "404(a)(1)"?
Define hearsay and cite the rule that defines it.
You object speculation under this rule.
"OMG. That bus just ran that guy over and now he's a bloody mess."
Objection HEARSAY
Rule 602 requires _____.
THREE exceptions to the prohibited uses of character evidence under rule 404(a)(2).
What is "(A) defendant can offer evidence of defendant's pertinent trait & prosecution can rebut, (B) defendant can offer evidence of an alleged victim's pertinent trait & the prosecution can rebut, (C) in a homicide case, prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor"?
This rule allows you impeach using an evidence
What is "801(d)(1)(a)"?
The prongs of 702.
What is "702(a) specialized knowledge, 702(b) sufficient facts and data, 702(c) testimony is product of reliable principles and methods, 702(d) the expert's opinion reflects a reliable application of the principles and methods to the facts of the case"?
Objection YH to Rule 404(b)(1)
Response, YH? This is permissible under Rule 404(b)(2), it goes to intent, specifically Martin's intent to poison Armstrong.
Name 2 types of evidence that satisfies the requirement of authenticating evidence under 901(b).
What is "(1) testimony of a witness with knowledge, (2) non expert opinion about handwriting, (3) comparison by an expert witness or the trier of fact, (4) Distinctive characteristics and the like, (5) Opinion about a voice, (6) evidence about a telephone conversation, (7) evidence about public records, (8) evidence about ancient documents or data compilation, (9) evidence about a process or system, (10) methods provided by a statute or rule - including a rule created by the Midlands Supreme Court"?
Definition of a pertinent trait.
What is "the trait must directly relate to a particular element or facet of the crime charged"?
803(3) is
What is "Then-Existing Mental, Emotional, or Physical Condition -- a statement of the declarant's then-existing state of mind or emotional, sensory or physical condition"?
What is "703 Bases of an Expert's Opinion testimony -- inadmissible evidence can be disclosed ONLY if probative value outweighs prejudicial effect"?
Mellie and Olivia are working together.
Olivia says to Mellie: "We stole this election for him. He better be the best president."
Mellie is on trial for election fraud.
Hollis Doyle says this quote for the prosecution on direct.
Defense: Objection Hearsay to Olivia's statements
Response, YH? YH this falls under an exclusion to hearsay 801(d)(2)(e) -- co-conspirator's statement during and in furtherance of the conspiracy.
Rules 608(a) allows _______.
What is a "Reputation or Opinion evidence of a witness's credibility / character for truthfulness or untruthfulness"?
At least 3 permitted uses of evidence of a crime, wrong or other act under 404(b)(2).
What are "motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident"?
Name the criteria under 804(a) and exception under 804(b) that means Rob Armstrong saying "Charlie killed meeeee" while he's dying can come in as an exception to hearsay.
What is "804(a)(4) and 804(b)(2)"?
705 states what about the disclosure of facts or data underlying an expert's opinion
What is "an expert can state an opinion and give the reasons for it without first testifying to the underlying facts or data. But the expert may be required to disclose on CX"?
You object to hearsay to the following statement and opposing counsel says 803(3).
"Fitz told me he thought Mellie had those jurors killed"
Response YH? This does not fall under 803(3). 803(3) explicitly prohibits statements of belief to prove the fact remembered. It's still hearsay and inadmissible.
What is "(1) unfair prejudice, (2) confusing the issues, (3) misleading the jury, (4) undue delay, (5) wasting time, (6) needlessly cumulative"?
The two methods of proving character (x2 points for the rule numbers).
What is "405(a) Reputation or Opinion and 405(b) Specific Instances of Conduct"?
The prongs of 803(6)
The exception to 704. Opinion on an ultimate issue
What is "704(b) an expert opinion must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense"?
Defendant was convicted of perjury.
Defense objects to prosecution bringing in the conviction record on the defendant's cross under improper character evidence 404(b)(1).Response YH? Pursuant to rule 609(a)(2), this record must be admitted as it shows this witness/the defendant committed a dishonest act -- she lied on the stand. It's permissible to attack her character for truthfulness.