"Relevant evidence" means evidence having any tendency to increase or decrease the likelihood of a material fact.
100
What is the definition of hearsay?
Hearsay is an out-of-court statement being offered for the truth of the matter asserted.
100
In rooms where there is a jury box, which side sits closest to the Jury?
Prosecution.
100
Cross-examination, other than the initial cross-examination,
should not go beyond the subject matter of the direct examination immediately preceding it and matters affecting the witness’s credibility.
Rule 611(b).
100
Before testifying, witnesses are presumed to have been sworn in under what rule number?
Rule 603.
200
This rule governs whether opposing counsel can impeach their own witness.
What is Rule 607.
200
Explain to me what character evidence is.
Propensity evidence / Character or personality trait - being used to show conformity therewith. That is, because the person is this way, he was likely that way on the day in question.
200
This Rule governs the methods in which character evidence can be introduced. Rule number and what are the methods?
Rule 405: Reputation/opinion and specific instances of conduct.
200
In the State of Midlands, is the certification of an expert required/permitted during trial?
Nope. It is specifically not allowed.
200
Opposing counsel calls their expert witness. After the witness details everything about their education and background, opposing counsel moves to admit the expert's curriculum vitae. Do you object and if so, what is your objection?
Cumulative under Rule 403.
300
This rule does not limit a party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.
Rule 104(e).
300
When is a witness's character evidence admissible? Rule number?
When it goes to the truthfulness/untruthfulness of the witness under Rule 608.
300
What are the prongs for the Excited Utterance exception? Rule #?
Rule 803(2) -- (1) Statement relating to a starling event/condition, (2) made while the declarant was under the stress of excitement that it caused.
300
Can an expert witness testify as a lay witness? If so, when?
As long as the testimony is in regards to information that is not specially gained through education/skill/training and through personal observation/experience.
300
Is Habit character evidence? Explain.
No; habit is a routine way of doing something; it has nothing to do with a person's character.
400
Rule 705 governs what?
The structure of an examination: an expert can testify to his conclusions -- and give the reasons for it -- without first testifying to the underlying facts and data.
400
What are the three important steps when impeaching a witness?
(1) Have witness commit to statement; (2) Accredit/authenticate document; (3) Impeach with inconsistent statement.
400
Explain to me the difference between Rule 703 and 705.
703 regards the facts/data the expert relied upon -- the bases of his opinion. Whereas, 705 deals with the order of the expert's testimony -- whether he can state his conclusions first then dive into his explanation.
400
What are the prongs for the Present Sense Impression exception to hearsay? Rule Number?
Rule 803(1) -- A statement (1) describing or explaining an event or condition, (2) made while or immediately after the declarant perceived it.
400
Rule number for this rule: "When examining a witness about
the witness’s prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party’s attorney."
Rule 613(a).
500
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.
500
Experts can answer hypothetical questions based on evidence that they learn _______________ or ____________.
First hand or in court, hand-fed facts by the attorney.
500
Name at least five permissible uses for prior bad acts evidence under Rule 404(b).
(1) Proof of motive, (2) opportunity, (3) intent, (4) preparation, (5) plan, (6) knowledge, (7) identity, or (8) absence of mistake or accident.
500
In chronological order, name the first 6 hearsay exceptions (Rules 803(1)-(6)).
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.
500
What is the three-prong test to qualify experts? Rule #?
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.