Name that Phrase
These two components are what make a statement hearsay:
What is:
(1) out of court statement
(2) for the truth of the matter asserted
Name the RULE NUMBER for speculation
What is 602
10 BONUS POINTS if you can name the rule number for lack of personal knowledge.
Name the objections that can be made, if there are any, in response to this line of questioning:
Q: What do you do for a living?
A: I am a painter. My life's mission is to become the next Van Gogh. I have ear surgery next week!
Q: What killed Ms. Clingles?
A: It was a 5.65 inch long knife. It stabbed through her chest and nicked an artery, causing her to bleed out.
702(a),(b),(c),(d)
LOF
LOPK (depends on the facts of the case)
**there is probably more
Lynch v. Miller outlines these four elements of negligence.
What is
(1) duty
(2) breach
(3) harm
(4) direct and proximate cause
True or False: Rule 704 means that experts can never testify to the ultimate issue.
What is FALSE
50 BONUS POINTS: what does 704 actually say?
Oh no! Your opponent has objected 403 (more prejudicial than probative) to your demo.
What are the two things you must now address in your objection response?
What is:
(1) This is not substantially more prejudicial.
(2) this is probative BECAUSE [insert reasoning]
The RULE NUMBER for the hearsay exemption that allows for an agents or employees of an opposing party to be admissible.
What is 801(d)(2)(D)
50 BONUS POINTS AVAILABLE: What are the two requirements for a statement to count under this rule?
Name the objections that can be made, if there are any, in response to this line of questioning:
Q: Would you recognize a photo of the deceased, Ms. Hasan?
A: I would.
Q: I am approaching with 13 photos, exhibits A-M. What are these?
A: These all show Ms. Hasan from different angles, laying on the floor dead with lots of blood.
Counsel then moves to enter all 13 photos.
What is 403!
FILL IN THE BLANK: Jeff v. _____'s Toolkit outlines that the standard in a civil case is preponderance of the evidence.
What is Wario
The four prongs of 702
What are:
(a) the expert’s scientific, technical, or other specialized knowledge
(b) the testimony is based on sufficient facts or data
(c) the testimony is the product of reliable principles and methods
(d) expert reliably applied those principles + methods
Someone objects to your bias (or credibility!) cross pocekt!! ahhhh!!!!! But before you panic, you remember this key phrase about bias/credibility cross pockets.
What is: Bias is always relevant.
TRUE OR FALSE: Under Rule 801, hearsay only applies to out of court verbal statements
What is FALSE
801(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
200 BONUS POINTS: To the first person who can give me an example of when NONVERBAL conduct counts as hearsay
Oh no!! Opposing counsel has objected to your witness saying this is HEARSAY!! What, if any, hearsay EXCEPTION can you tell the judge?
Q: What were you worried about?
A: People were stealing my food out of the fridge. My mom's homemade lumpia, gone out from under me!!
Q: Did you bring it up with anyone?
A: Yes!!! I brought it to the CEO directly. This was that important.
Q: How did the CEO respond?
A: She told me that the company was going to address my heartbreaking issue at the next company wide meeting. That she would make 3 powerpoint slides all about it!
What is 803(3)
Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
FILL IN THE BLANK from Haug v. Kolb: "The notion that a risk must be _________ for a defendant to have violated its duty of care does not require that the defendant be able to anticipate the target of the harm. Instead, it requires only that the defendant should have ________ the general type of risk that caused the harm."
What is forseeable
(and for the second blank: forseen)
If an expert has not met the prongs of 702, and they CANNOT meet at least one of thsoe prongs...this is something we can do!!
What is (ashley's favorite thing) VOIR DIRE!!!
100 BONUS POINTS: to whoever can make an impromptu objection asking for a voir right now!
Witnesses should do THIS when their attorney is battling an objection with opposing counsel.
What is stay silent AND stay in character
This is the difference between 404(a) and 404(b).
What is:
404(a) is about character traits
404(b) is about specific actions
Name the objections that can be made, if there are any, in response to this line of questioning:
Q: What did Ben Levin, the sweetest smiliest man on earth, tell Kira Martin, the coolest giggliest gal on earth?
A: Well Ben told Kira that Ashley, another amazing perfect great person, told him that she just adopted 8 corgis and wants to adopt 2 more for a perfect 10!
What is Hearsay -- specifically hearsay within hearsay under rule 805.
This piece of caselaw PROHIBITS parties from using experts as weapons in a trial by ambush!!
What is Kane Software Co. v. Mars Investigations
50 BONUS POINTS AVAILABLE to whoever can tell me what "trial by ambush" means and what experts are required to disclose.
This rule allows for experts to talk about what would otherwise be hearsay as long if the probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect of those statements.
What is 703
The three magic words of objections (especially when we are talking about the credibility of evidence)
What is: Weight Not Admissibility
You are crossing a witness who has 3 prior convictions, and you want to cross the witness on those prior convictions to attack their character for truthfulness under rule 609. Which of these two, if any, can come in:
(1) Felony conviction for burglary
(2) Misdemeanor conviction for drug possession
(3) Misdemeanor conviction for perjury
(1) Yes!! Felony conviction under rule 609(a)(1)
(2) No!!
(3) Yes!! Under 609(a)(2)
100 BONUS POINT: Does this change if these convictions are from 5 years ago? 10 years ago? 20 years?
Name the objections that can be made, if there are any, in response to this line of questioning:
Q: Do you know if Mr. Dupuy locked the door on his way out of the store?
A: No I don't. But I think he must have.
Q: Why do you think that?
A: He always locks the door. I have known him for years, and whenever I see him leave the store at the end of the night, I always see him lock that front door.
What is: 404(b) - this is a specific act, that he always locks the door, being used for propensity purposes, that he must have locked the door this time.
Another objection: speculation
100 BONUS POINTS to whoever can say what possible objection RESPONSES someone can give in this scenario?
This case outlines these principles about the defendant's compliance with industry standards:
(1) the jury should consider whether the defendant's conduct is "contemplated by those standards or customs"
(2) AND compliance with standards is not dispositive!
HINT: This name may be heard in the halls of Tydings...
What is Iacomini v. Chapman
What is testify to their opinion, and the reasons for that opinion, without giving ALL of the underlying facts or data.
50 BONUS POINTS: When might an expert be required to disclose those facts or data??