Definitions
Definition of "Relevant Evidence"
(Bonus 50 points: name rule number)
Evidence that tends to make the existence of any fact that is of consequence to the determination of the outcome of the case more or less probable than it would be without the evidence.
Bonus: Rule 401
Procedure for introducing Physical Evidence
(Bonus 50 points: name one piece of physical evidence from Commonwealth v. Freeman)
1. Show the exhibit to opposing counsel
2. Ask Judge to mark for identification
3. Hand document to witness for identification & questioning
4. Offer exhibit into evidence
Bonus: (any exhibit from either side of the case)
What Article in the Rules of Evidence regards Witnesses?
(Bonus 50 points: name all six witnesses in Commonwealth v. Freeman)
Article VI (600s)
Bonus: J. Trang, D. Tenzcar, J. Yaleman, A. Freeman, S. Freeman, P. Diaz
(Bonus 50 points: name the rule number for the Declaration of Decedent exception)
Statement made by someone who has deceased that was made in good faith and personal knowledge.
Bonus: 804(b)5
Definition of Hearsay
(Bonus 50 points: name rule number)
"Hearsay" is an out-of-court statement offered to prove the truth of the matter asserted.
(Bonus: Rule 801)
Procedure for Objections
(Bonus 50 points: make an objection and cite the rule number)
Attorney who wishes to object must stand up and state the objection at the time of the violation.
Bonus: any rule with cited rule number
Lack of Personal Knowledge
(Bonus 50 points: name the Lack of Personal Knowledge rule number)
A witness cannot testify to the matter unless they have personal knowledge (aka Speculation).
Bonus: Rule 602
Present Sense Impression
(Bonus 50 points: name the rule number for Present Sense Impression)
A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.
Bonus: 803(1)
Definition of "Invented Fact"
(Bonus 50 points: When are invented facts allowed?)
An "invented fact" is a material fact which is not contained anywhere in the stipulations, evidence, or in any witness' affidavits, and is not a "fair and reasonable extrapolation" of facts in such case materials.
Bonus: Never. Do not willingly invent a fact on the stand (but is allowed on Cross-Exam if asked a question not contained in stipulations, evidence, or affidavits).
Traditional Impeachment
(Bonus 50 points: name the rule number of Traditional Impeachment)
If a witness testifies in contradiction to a fact in their affidavit, opposing counsel should impeach the witness on Cross-Examination.
Bonus: Rule 303(a)
Evidence of Character and Conduct of a Witness
(Bonus 50 points: perform a live witness impeachment process)
The credibility of a witness may be attacked or supported by evidence in form of opinion or reputation, as long as the evidence refers to character for truthfulness or untruthfullness, and the evidence is admissible only after the character of the witness for truthfullness has been attacked by opinion or reputation eveidence.
Bonus: perform impeachment either 303(a) or 303(b)
Excitted Utterance
(Bonus 50 points: name the other name for the Excited Utterance objection)
A statement made under the impulse of excitement or shock if its utterance was spontaneous to a degree.
Bonus: Spontaneous exlamation
Definition of a statement deemed not to be Hearsay
(Bonus 50 points: what's the difference between not Hearsay and Hearsay exceptions?)
A statement is not Hearsay if it is not offered for the truth of the matter asserted, is a prior statement by a witness, or is a statement made by a party-opponent.
Bonus: exceptions for Hearsay provide reasons for why it's being used, whereas not Hearsay stops the statement from being recognized as Hearsay
Objection Raised at Bench Conference
(Bonus 50 points: name the rule number for invented facts on Direct Examination)
If a witness testifies to an invented fact, opposing counsel may request a bench conference, where counsel may object and address the invention of facts.
Bonus: Rule 302
Opinion Testimony by Lay Witnesses
(Bonus 50 points: name the rule number for Opinion Testimony by Lay Witnesses)
If the witness is not testifying as an expert, the witness' testimony is limited to opinions or inferences that are rationally based on the perception of the witness.
Bonus: Rule 701
Mental, Emotional, or Physical Conditions
(Bonus 50 points: name the rule number for Mental, Emotional, or Physical Conditions
A statement of the declarant's then-existing state of mind, emotion, sensation, or physical condition, but not including a statement of memory or belief to prove the fact remembered or believed.
Bonus: 803(3)
Definition of what's declared "Testimony by Experts"
(Bonus 50 points: what specific factors qualify someone as an expert?)
Testimony by someone with scientific, technical, or other specialized knowledge who will assist the trier of fact to understand the evidence or to determine a fact in issue
Bonus: a witness is qualified as an expert by knowledge, skill, experience, background, training, and/or education to form an opinion
Use of a Writing to Refresh Recollection
(Bonus 50 points: what is the longest Exhibit in Commonwealth v. Freeman?)
If a witness cannot recall information in a document, the attorney, upon granted permission and showing opposing counsel, may show a document to the witness to help them remember the information.
Bonus: Prosecution Exhibit A (attached to Trang Affidavit)
Religious Beliefs or Opinions
(Bonus 50 points: name the decedent in Commonwealth v. Freeman)
Evidence of beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced.
Bonus: Professor Chervy
Records of Regularly Conducted Activity
(Bonus 50 points: name another name for the Regularly Conducted Activity exception)
A memorandum, report, record or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made by a person with knowledge.
Bonus: "The Business Records" Rule