What’s the Rule Number?
Judges use this rule to determine if the elements of a hearsay exception have been satisfied
What is Rule 104(a)?
This is the standard by which authentication must be shown
What is 104(b) as adopted via 901(a)?
The doctrine of Modus Operandi is found within this Rule 404(b) permissible purpose
What is identity?
These are the three questions we have to ask to determine if a statement is hearsay
What is an out-of-court statmenet? What is an assertion? What is the turth of the matter asserted?
Professor Sundby lived here before moving to Knoxville
Where is Miami?
This Rule deals with subsequent remedial measures
What is Rule 407?
This is the standard method of authenticating fungible physical evidence
What is chain of custody?
In this through the box route, Rule 609 controls when this type of evidence is at issue
What is evidence of a prior criminal conviction?
This hearsay exception allows the prosecution to introduce statements adopted by the defendant
What is Rule 801(D)(2)(B)'s exception for statements by party opponents?
This is Professor Sundby’s favorite food
What is sushi?
This Rule focuses provides a hearsay exception for business records
What is Rule 803(6)?
These are the two things that must be shown for physical evidence to be authenticated
What is (a) that it is what is purported to be and (b) that it is in substantially the same condition?
This rule provides a "sophisticated analysis" after a past act is used for motive, identity, knowledge, etc.
What is Rule 403?
This hearsay exception was narrowed after the Hillmon doctrine was overruled
What is the exception for then-existing initentions under Rule 803(3)?
This is Professor Sundby’s favorite soccer team (other than USL champs OneKnox of course), though he has never seen them play live
What is Arsenal?
This Rule covers offers to pay medical expenses
What is Rule 409?
Federal courts must consider these factors when potentially admitting a connosieur expert.
What are the Daubert factors AND any other factors bearing on reliability?
This Rule 404(b) permissible purpose is implicated when we have a series of repeating mishaps
What is lack of accident?
This hearsay exception requires that an out-of-court statement be made under oath
What is Rule 801(d)(1)(A)'s exception for prior inconsistent statements?
This is Professor Sundby’s age (remember exams are anonymously graded)
What is 36?
This Rule allows a defendant to put a victim's character into question
What is Rule 404(a)(2)(B)?
What is fit?
This may or may not be go through the box, but allows you to use past acts to show future conformity
What is habit or Rule 406?
This is an important clarification-and in some ways a heightened requirement-for statements offered under Rule 804(b)(1)'s exception for prior testimony
What is the requirement that previous cross-examination occur in a proceeding with the same stakes?
This is Professor Sundby’s favorite show, especially season 1, and whose final season is released this year
What is Stranger Things?