MREs
The rule that excludes evidence when its probative value is substantially outweighed by its prejudicial value.
What is Rule 403?
Dana told me, "I really want to visit Poland, Ohio"
What is an example of 803(3) Declaration of a Then-Existing Mental, Emotional, or Physical Condition?
"Her cat, whose name was Ludwig, or maybe it was Rory? I'm not sure, but it was something like that and she was walking her cat, and I really like cats even though I only own dogs right now, and turtles are nice too. I met this one named Toph, but like I said I'm really more of a dog person and..."
OBJECTION! What is "relevance?"
A witness's own statements are hearsay.
What is America's Best Cookie v International House of Waffles?
This is the time you withdraw your objection.
What is NEVER!?
The rule that defines what qualifications must be met to qualify a witness as an expert
What is Rule 702?
RUSSELL DAILY DOUBLE
If correct, twice the wagered points.
"Mr. Ruvo, you saw Mr. Maffei rob the store at 4pm, right?" (on direct examination)
OBJECTION! What is "leading?"
Non exhaustive and not dispositive list of relevant factors for determining the "reliability" of a methodology under 702(c) such as: whether it has/can be tested, has a known error rate, has gained widespread acceptance in the field, or has been subject to peer review and/or publication.
What is Tarot Readers Association of Midlands v. Merrell Dow?
JP just got an objection sustained, he should do this after.
What is "move to strike?"
The rule that excludes evidence that does not have any tendency to make any fact of consequence more or less likely.
What is Rule 401?
MJ told me she was recently diagnosed with being "the honors department's student employee of the year"
What is an example of 803(4) Statement Made for Medical Diagnosis or Treatment?
Tim testifies that he heard Russell say, "I really like Dunkin Iced Refreshers, but only when they are frozen solid like a popsicle"
OBJECTION! What is "hearsay?"
BONUS: Rosie testifies that Grace told her that Miff said that she'd "never met Blaise Nova."
Experts can't be used as a weapon in a trial by ambush. Meaning what they testify to must be the conclusions that they actually come to in their report.
What is Kane Software Co. v. Mars Investigations?
This is the time you withdraw your objection.
What is NEVER?
The rule that excludes evidence of a character trait to prove someone acted in accordance with that trait (propensity).
What is Rule 404(1)?
BONUS: What are the exceptions?
Sam Jones was screaming "LUDWIG GET DOWN" at Regionals.
What is an example of a statement not used for its truth value?
Cameron (witness): "I'm a big Jets fan"
Audrey (attn.): "What was the Bills' record this past season?"
OBJECTION! What is "lack of foundation?"
Places a limit on 703; experts cannot be a mere conduit to hearsay. To bring in evidence under 703, they needed to have used it to form their conclusion(s).
What is Richards v. Mississippi BBQ?
What is "yes, Your Honor?"
The rules that define what a lay witness can testify about.
What are Rules 602 and 701?
I always put my work product in the public MTSU Google Drive, and Liv told Ava, "Alex's work product isn't in here. He always puts it in here."
What is an example of 803(7) Absence of a Record of Regularly Conducted Activity?
Téa and Michael were talking about how Sam is "always killing people," and how he, "just has a character for always wanting to kill people."
OBJECTION! What is "improper character evidence" (propensity)?
A public record of a criminal conviction is not a police report and, thus, is not excluded by MRE 803(8)(A)(ii).
What is State v. Velazquez?
DEMO:
-Stand where you would for Dx & Cx
What is...
Dx: You should stand near the judges so that the witness can look at you and the judges at the same time.
Cx: You should stand across from the judges to make it as uncomfortable as possible for the witness to turn to answer to the judges.