100s
Rule 401 states...
evidence must make a fact more probable than not.
Rule 602 states
What is Rule 704
An opinion is not automatically objectionable just because it embraces an ultimate issue in the case.
What is Hearsay
Hearsay is an out of court statement being used to prove the truth of the mattered asserted.
What rule is more says that while the evidence presented is relevent is substantially more prejudicial than probabtive?
Rule 403
What rule states that counsel may introduce evidence may introduce facts to attack the the witness's credibility?
Rule 607
If a witness is not an expert they can only testify to facts...
“(a) rationally based on the witness’s perception;
(b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and
(c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.”
- Commands
- Questions
- Statements made by a party's opponent
What is Character Evidence
It is Rule 404 which states that evidence going to 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.
Are you allowed to ask leading questions on redirect.
Nope. Leading questions are only allowed on cross examination or unless a witness is declared hostile. (There shouldn't be a time when a witness is considered hostile).
Can an expert give their opinion before stating the facts that support it.
Yes! Unless the judge says otherwise, an expert can say their opinion and reasons for it without first saying the facts that support it. They may be required to testify to these facts or data on cross.
What is the difference between Present Sense Impression versus Excited Utterance?
What are exceptions to Character Evidence? (looking for rule numbers?
Rules 607, 608, 609
What is Rule 608?
A witness's credibility may be attacked on cross examination should this be probative of the character for truthfulness or untruthfulness of the witness being crossed or through a different witness who testified about another's truthfulness.
What is Rule 703?
What is a declarant and what is a statement?
Statement: “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
Declarant: “Declarant” means the person who made the statement.
What is Rule 106
Remainer of or Related Writings or Recorded Statements: If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part – any other writing or recorded statement – that in fairness ought to be considered at the same time.
What stipulation says that a creation of a material fact is not allowed?
Stipulation 10: Witnesses are bound by the facts contained in their affidavits and may not testify inconsistently with them or offer new substantive information outside their affidavits, except for minor background or inconsequential clarifying details.
What are the two prongs of 702?
“(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; and
(b) the testimony is based on sufficient facts or data.”
**must have knowledge/sufficient facts reviewed to back opinions/claims up!!!
Daily Double!
A statement that is hearsay is allowed in because the declarant was most likely unable to lie. The declarant isn't able to be cross examined. What is the term used to describe this?