Article IV
403
Excluding Relevant Evidence (PvP)
Bonus 100 Points: Name all 6 reasons for excluding relevant evidence.
602
Need for Personal Knowledge
Bonus 100 Points: Explain the difference between Need for Personal Knowledge and Speculation.
702 (all prongs)
Testimony by Expert Witnesses
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.
Bonus 100 Points: The prongs of 702 must be met by what standard of proof?
Bonus 100: Which Case Law outlines this standard of proof for 702?
801 (a,b,c)
Definitions That Apply to This Article; Exclusions from Hearsay
(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
(b) Declarant. “Declarant” means the person who made the statement.
(c) Hearsay. “Hearsay” means a statement that:
(1) the declarant does not make while testifying at the current trial or hearing; and
(2) a party offers in evidence to prove the truth of the matter asserted in the statement.
Categorically speaking, what does Article VII of the Rules of Evidence deal with.
Experts
Bonus 100 Points: What do Articles IV, VI, and VIII deal with respectively.
401 (a and b)
Test for Relevant Evidence
(a) it has any tendency to make a fact more or less probable than it would be without the
(b) the fact is of consequence in determining the action.
615
Sequestration of all witnesses barring party representatives.
Bonus 100 Points: What other rule do we pair with 615 in pretrial and what is its significance.
701 (All Prongs)
Opinion Testimony by Lay Witnesses
(a) rationally based on the witness’s perception;
(b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue;
(c) not based on scientific, technical, or other specialized knowledge within the scope of
801(d)(2)
(d) Statements That Are Not Hearsay.
(2) An Opposing Party’s Statement.
Bonus 200 Points: Name three of the five examples listed under 801(d)(2)(a,b,c,d,e)
Name 4 Hearsay exceptions contained within rule 803 that are not one of the first 8 listed.
Consult ROE for acceptable answers
404(a)(1)
(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
Bonus 300 Points: Pursuant to Rule 404(a)(3) character evidence can be admitted under which three Rules?
Bonus 200 Points: Explain those three Rules.
608
A Witness’s Character for Truthfulness or Untruthfulness
Bonus 100 Points: What must be done prior to trial if you intend to offer evidence of A Witness’s Character for Truthfulness or Untruthfulness?
703
Bases of an Expert’s Opinion Testimony
If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
Bonus 100 Points: Which case law states that Rule 703 does not allow experts to be used as a backdoor to hearsay?
805
Hearsay Within Hearsay
Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
Rule 1002
Requirement of the Original (Best Evidence)
An original writing, recording, or photograph is required in order to prove its content unless these rules or a Midlands statute provide otherwise.
404(b)
(b) Crimes, Wrongs, or Other Acts.
(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.
(2) Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
(3) Notice in a Criminal Case. The prosecution in a criminal case shall provide written notice of such intent prior to witness selection in the Captains’ Meeting.
607
Who May Impeach a Witness
Any party, including the party that called the witness, may attack the witness’s credibility.
704
Opinion on an Ultimate Issue
(a) In General – Not Automatically Objectionable. An opinion is not objectionable just because it embraces an ultimate issue.
(b) Exception. In a criminal case, an expert witness 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. Those matters are for the trier of fact alone.
804 (a and b)
Exceptions to the Rule Against Hearsay –When the Declarant Is Unavailable as a Witness
(a) Criteria for Being Unavailable.
(b) The Exceptions.
Bonus 200 Points: What are 3 of the 5 reasons for a witness being unavailable under 804(a)?
Bonus 200 Points: What are 3 of the 5 804(b) exceptions to hearsay when a witness is unavailable to testify?
Rule 901
Authenticating or Identifying Evidence
Bonus 400 Points: Name 4 of the 10 examples that satisfy rule 901 pursuant to 901(b)?
405
Methods of Proving Character
(a) By Reputation or Opinion. When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow inquiry into relevant specific instances of the person’s conduct.
(b) By Specific Instances of Conduct. When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.
609(a)
Impeachment by Evidence of a Criminal Conviction
(a) In General. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction:
(1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence:
(A) must be admitted, subject to Rule 403, in a civil case or in a criminal case inwhich the witness is not a defendant; and
(B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant; and
(2) for any crime regardless of the punishment, the evidence must be admitted if the court can determine that establishing the elements of the crime required proving – or the witness’s admitting – a dishonest act or false statement.
Bonus 200 Points: Pursuant to Rule 609(b), after how many years is evidence of a criminal conviction generally no longer admissible?
705
Disclosing the Facts or Data Underlying an Expert’s Opinion
Unless the court orders otherwise, an expert may 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 those facts or data on cross-examination.
803(1,2,3,4,5,6,7,8) (Must get all 8 in order)
(1) Present Sense Impression
(2) Excited Utterance
(3) Then-existing mental, emotional, or physical condition
(4) Statement made for medical diagnosis or treatment
(5) Recorded Recollection
(6) Record of regularly conducted activity
(7) Absence of record of regularly conducted activity
(8) Public Record
Rule 902
Evidence That Is Self-Authenticating
Bonus 500 Points: Name 4 of the 12 examples of evidence that is self authentication listed under rule 902.