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Stark
Targaryen
Lannister
Tully
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100
What is the Rule # for medical diagnosis or treatment?
Rule 803(4).
100
What is Relevance?
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
100
What is the main difference between the 600's and 700's?
600's deal with layperson testimony and the 700's deal with expert testimony.
100
What is the three-prong test to qualify experts under Rule 702?
(1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
100
What is the definition of hearsay?
Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
200
On cross examination, you provide the witness with an exhibit. The witness flat-out denies that the exhibit is authentic. What do you do, if anything?
Pursuant to Special Instructions 6(a), a witness cannot deny the authenticity of a document.
200
The facts and data an expert uses to formulate an opinion must be admissible before the expert's opinion can be admitted into evidence. True or False, and under what rule?
False; Rule 703 - facts or data need not be admissible in evidence in order for expert opinion or inference to be admitted.
200
What is the rule # for admission by party-opponent?
Yes, under 802(d)(1) Admission by party-opponent.
200
You are in trial and it's become obvious that the Judge states that "More prejudical than probative" is not an objection so you must resort to the long format, which is....
Objection, [pursuant to Rule 403], this [evidence's] probative value is substantially outweighed by the danger of unfair prejudice.
200
Dr. Zoidberg is on the stand. After Dr. Zoidberg states that the "The Effect of Poisons on Humans" is a reliable authority, opposing counsel moves to admit the article into evidence. Do you object? Why/why not?
You object. Pursuant to 803(18) (hearsay exceptions), learned treatises can be read into evidence, but may not be entered into evidence.
300
At Captain's meeting, you learn that the State will be calling Smith, Hopson, and Pat Lawrence. As trial begins, you realize that they have someone playing Officer Foster and who is sitting at their table. Do you say anything? Why or why not?
Pursuant to Special Instructions, party representatives, Ryan Foster and Danny Dawson, are allowed at counsel table regardless of whether they are called as witnesses.
300
What is the definition of hearsay?
Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
300
Opposing counsel asks your witness, "When you applied for a teaching position in 2001, you lied about having a bachelor's degree, didn't you?" Admissible? If admissible, what rule number?
Admissible under 608 as it goes to the truthfulness or untruthfulness of the witness.
300
What is Relevance?
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
300
What are the three steps to impeaching a witness?
(1) Have witness commit to statement; (2) Accredit/authenticate document; (3) Impeach with inconsistent statement.
400
Under Rule 701, what are the three requirements that a lay witness' testimony must meet before they can testify?
Lay witness testimony is limited to opinions/inferences which are (1) rationally based on the witness' perceptions, (2) helpful to a clear understanding of the witness' testimony or determination of a material fact, and (3) not based on scientific, technical, or other specialized knowledge.
400
Name 3 of the 5 hearsay exceptions for unavailable declarants.
(1) Former testimony; (2) Dying declaration; (3) Statement against interest; (4) Statement of personal or family history; or (5) Forfeiture by wrongdoing (e.g. the killer).
400
You are the prosecutor. After finishing your case-in-chief, Defense moves to dismiss. Your response?
Pursuant to AMTA Rule 8.11 and the State of Midlands, no motions, except motion to strike and motion to constructively exclude witnesses, are permitted. As such, we request verbal sanctions against the State.
400
What four things must you prove in order to get evidence admitted under 803(6) Business Record exception?
(1) the record was made and kept in the course of a regularly conducted business activity; (2) it was the regular practice of the business activity to make the record; (3) the record was made at or near the time of the event that it records; and (4) the record was made by, or from information transmitted by, a person with knowledge acting in the regular course of business.
400
At Captain's meeting, the Defense lets you know that they are not contesting the DUI charge. During your case-in-chief, you call Avery Smith and start to talk about the defendant's BAC. Defense objects, claiming that the BAC, an element for the DUI, is irrelevant because they are not contesting the DUI charge. Your response?
Pursuant to the Special Instructions (5(d)), the Defense is not permitted to concede to the DUI prior to closing arguments. Thus, this evidence is relevant and should be permitted.
500
In any order, name the first 6 hearsay exceptions (Rules 803(1)-(6)). +100 points if in chronological order. +100 points for every extra (and valid) hearsay exception. -100 for every wrong guess.
(1) Present sense impression; (2) Excited Utterance; (3) State of mind; (4) Statement made for medical diagnosis/treatment; (5) Recorded recollection; (6) Business record made in the regular course of business.