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Study sets matching "cj rules of evidence"

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Study sets matching "cj rules of evidence"

10 terms
CJ 310 Rules of Evidence ch. 6
Judicial notice
privilege
attorney-client privilege
crime-fraud exception
The doctrine that evidence of well-accepted facts may be intr…
A benefit or right enjoyed by a person; for example, the priv…
the oldest of the privileges.
The exception made to attorney-client privilege when a client…
Judicial notice
The doctrine that evidence of well-accepted facts may be intr…
privilege
A benefit or right enjoyed by a person; for example, the priv…
12 terms
CJ 310 Rules of Evidence ch. 5
witness
competency
voir dire
subpoena
person who appears and testifies under oath or affirmation be…
The fitness or ability of an individual to participate in leg…
the preliminary examination of a prospective juror or a child…
An order compelling a person to appear as a witness; defense…
witness
person who appears and testifies under oath or affirmation be…
competency
The fitness or ability of an individual to participate in leg…
9 terms
CJ 310 Rules of Evidence Ch. 2
Federalism
Federal Rules of Evidence
Common Law
Adversary System
Division of power between state governments and the federal g…
Codification in 1975 of common-law rules of evidence; applica…
Legal rules that evolved over many years in English and Ameri…
The judicial system in which opposing parties present evidenc…
Federalism
Division of power between state governments and the federal g…
Federal Rules of Evidence
Codification in 1975 of common-law rules of evidence; applica…
31 terms
CJ-Evidence
Legal evidence
Direct evidence
Circumstantial evidence
Documentary evidence
all admissible evidence, both oral and documentary
evidence based on personal knowledge or observation
evidence of one fact which a second fact is reasonably inferred
objects that have tangible existence and can convey a fact
Legal evidence
all admissible evidence, both oral and documentary
Direct evidence
evidence based on personal knowledge or observation
19 terms
Rules of Evidence
minimal tests which evidence must pass…
Primary purpose of preventing the intr…
Purposes for offering evidence in court
Testimonial Evidence
Relevant, competently presented, legally obtained
1. irrelevant or unreliable, ... 2. unfairly prejudicial ... 3. tim…
-proof... -to impeach witness... -rehabilitate witness... -assist in d…
Evidence in oral form, usually under oath
minimal tests which evidence must pass…
Relevant, competently presented, legally obtained
Primary purpose of preventing the intr…
1. irrelevant or unreliable, ... 2. unfairly prejudicial ... 3. tim…
32 terms
Rules of Evidence
Rule 401
Rule 402
Rule 403
Rule 404
Test for Relevant Evidence... Evidence is relevant if:... a) it has…
General Admissibility of Relevant Evidence... Relevant evidence…
Excluding Relevant Evidence for Prejudice, Confusion, Waste o…
Character Evidence; Crimes or other acts
Rule 401
Test for Relevant Evidence... Evidence is relevant if:... a) it has…
Rule 402
General Admissibility of Relevant Evidence... Relevant evidence…
14 terms
Rules of Evidence
801/802
801d
803.1
803.2
Hearsay: Statement offered for the truth of the matter assert…
NOT Hearsay. Statement by a party opponent.
Hearsay Exception. Present sense impression.
Hearsay Exception. Excited utterance - under the stress of th…
801/802
Hearsay: Statement offered for the truth of the matter assert…
801d
NOT Hearsay. Statement by a party opponent.
26 terms
Rules of Evidence
Rule 401
Rule 402
Rule 403
Rule 404
Relevant evidence means evidence having any tendency to make…
Evidence which is not relevant is not admissible.
(A) Exclusion mandatory. Although relevant, evidence is not a…
Character evidence. Evidence of a person's character, other t…
Rule 401
Relevant evidence means evidence having any tendency to make…
Rule 402
Evidence which is not relevant is not admissible.
20 terms
Rules of Evidence
401 RELEVANCE
403 EXCLUDING RELEVANT EVIDENCE... (Unfai…
404 CHARACTER EVIDENCE (Part 1)
404 CHARACTER EVIDENCE (Part 2)
Evidence is relevant if:... (a) it has any tendency to make a fa…
The court may exclude relevant evidence if its probative valu…
(a) Character Evidence. ... (1) Prohibited Uses. Evidence of a p…
(b) Crimes, Wrongs, or Other Acts.... (1) Prohibited Uses. Evid…
401 RELEVANCE
Evidence is relevant if:... (a) it has any tendency to make a fa…
403 EXCLUDING RELEVANT EVIDENCE... (Unfai…
The court may exclude relevant evidence if its probative valu…
16 terms
Rules of Evidence
Rule 301
Rule 202
Rule 203
Rule 303
Cannot ask leading questions on direct examination
Evidence about the character cannot be given unless the perso…
Previous crimes cannot prove the character, but can be shown…
Attorneys may help their witnesses remember
Rule 301
Cannot ask leading questions on direct examination
Rule 202
Evidence about the character cannot be given unless the perso…
38 terms
Rules of Evidence
401
402
403
404
Definition of Relevant Evidence
Relevant evidence generally admissible, Irrelevant evidence i…
Exclusion of relevant evidence on grounds of prejudice, confu…
Character evidence not admissible to prove conduct
401
Definition of Relevant Evidence
402
Relevant evidence generally admissible, Irrelevant evidence i…
11 terms
Evidence Rules
24-1-104(b)
24 - 2-201
24 - 2-401
24 - 4-403
Relevance objection
Judicial notice
Relevance-any tendency to prove a matter an issue.
Exclude if prejudice outweighs probative value
24-1-104(b)
Relevance objection
24 - 2-201
Judicial notice
70 terms
Evidence - Federal Rules of Evidence
104(A)
104(B)
201(A)
201(B)
• In General: The court must decide any preliminary question…
• Relevance That Depends on a Fact: When the relevance of evi…
Scope. This rule governs judicial notice of an adjudicative f…
Kinds of Facts That May Be Judicially Noticed. The court may…
104(A)
• In General: The court must decide any preliminary question…
104(B)
• Relevance That Depends on a Fact: When the relevance of evi…
7 terms
Rules of Evidence
104(a) Preliminary Questions, technica…
104(b) relevance objection, authentica…
104(a) and (b) objections
104(c) Hearings on admissibility
preliminary questions concerning the qualification of a perso…
When the relevancy of evidence depends on the fulfillment of…
Test: If objection is valid, would it destroy the relevance o…
Hearings on admissibility of confessions shall in all cases b…
104(a) Preliminary Questions, technica…
preliminary questions concerning the qualification of a perso…
104(b) relevance objection, authentica…
When the relevancy of evidence depends on the fulfillment of…
17 terms
RULES OF EVIDENCE..
what is the criteria of evidence to be…
what evidence must be competently pres…
primary purpose of rules of evidence?…
Identify the following purposes for of…
relevance: evidence has a tendency to make the existence of a…
Witness who has personal knowledge that is relevant to the ca…
to prevent the following:... irrelevant and unreliable ... results…
A. As an item of proof.... B. To impeach a witness.... C. To rehabi…
what is the criteria of evidence to be…
relevance: evidence has a tendency to make the existence of a…
what evidence must be competently pres…
Witness who has personal knowledge that is relevant to the ca…
68 terms
Evidence Rules
FRE 103
FRE 104
FRE 105
FRE 106
Rulings on Evidence-Preserving a Claim of Error: To preserve…
Preliminary Questions: ... (a) The trial judge, not the jury, d…
Limiting Evidence That is Not Admissible Against Other Partie…
Remainder of or Related Writings or Recorded Statements... When…
FRE 103
Rulings on Evidence-Preserving a Claim of Error: To preserve…
FRE 104
Preliminary Questions: ... (a) The trial judge, not the jury, d…
74 terms
Rules of Evidence
101
102
103
104
Scope; Definitions
Purpose
Ruling on Evidence
Preliminary Questions
101
Scope; Definitions
102
Purpose
45 terms
Evidence Rules
Rule 401. Test for Relevant Evidence
Rule 606. Juror's Competency as a Witn…
Rule 614. Court's Calling or Examining…
Rule 103. Rulings on Evidence (a)(1)&(2)
Evidence is relevant if:... (a) it has any tendency to make a f…
(a) At the Trial. A juror may not testify as a witness before…
(a) Calling. The court may call a witness on its own or at a…
(a) Preserving a Claim of Error. A party may claim error in a…
Rule 401. Test for Relevant Evidence
Evidence is relevant if:... (a) it has any tendency to make a f…
Rule 606. Juror's Competency as a Witn…
(a) At the Trial. A juror may not testify as a witness before…
8 terms
Rules of Evidence
What is direct evidance
Can a defendent be tried by circumstan…
When a rebuttle (presumption) exists w…
What is an expert witness
Evidance that proves a fact directly without resort to any ty…
True
Presumption evidence
Has training or experiance in specific field
What is direct evidance
Evidance that proves a fact directly without resort to any ty…
Can a defendent be tried by circumstan…
True
65 terms
Rules of Evidence
Purpose of the rules of evidence?
A party may claim error in a ruling to…
The court may make any statement about…
To the extent practicable, the court m…
Administer every proceeding fairly.... Eliminate unjustifiable e…
A substantial right is affected.... ON THE RECORD:Timely object…
Character or form of the evidence, the objection made, and th…
Not suggested to the jury.
Purpose of the rules of evidence?
Administer every proceeding fairly.... Eliminate unjustifiable e…
A party may claim error in a ruling to…
A substantial right is affected.... ON THE RECORD:Timely object…
20 terms
Evidence Rules
Rule 403
Rule 401
Rule 102
Rule 103
Limits the amount and type of evidence allowed
Defines relevance
Rules should be construed as to administer every proceeding f…
Errors in admitting evidence
Rule 403
Limits the amount and type of evidence allowed
Rule 401
Defines relevance
7 terms
Evidence Rules
401
403
407
408
Evidence is relevant if:... (a) it has any tendency to make a fa…
The court may exclude relevant evidence if its probative valu…
Subsequent Remedial Measures... When measures are taken that wou…
Compromise Offers and Negotiations ... (a) Prohibited Uses. Evid…
401
Evidence is relevant if:... (a) it has any tendency to make a fa…
403
The court may exclude relevant evidence if its probative valu…
19 terms
Rules of Evidence
What are the three types of evidence?
What is Real Evidence?
What is Direct Evidence?
May a defendant may be convicted with…
Testimony, Real Evidence, Demonstrative Evidence
Physical Evidence and Illustrative Evidence.
Evidence that provides a fact directly without resort to any…
True
What are the three types of evidence?
Testimony, Real Evidence, Demonstrative Evidence
What is Real Evidence?
Physical Evidence and Illustrative Evidence.
34 terms
Evidence Rules
401 - Test for Relevant Evidence
402 - General Admissibility of Relevan…
403 - Excluding Relevant Evidence for…
404 - Character Evidence; Crimes or Ot…
Evidence is relevant if:... (a) it has any tendency to make a fa…
Relevant evidence is admissible unless any of the following p…
The court may exclude relevant evidence if its probative valu…
FRE 404(a) sets up a categorical rule that does not involve t…
401 - Test for Relevant Evidence
Evidence is relevant if:... (a) it has any tendency to make a fa…
402 - General Admissibility of Relevan…
Relevant evidence is admissible unless any of the following p…
113 terms
Evidence rules
Court decides these preliminary questi…
When relevance of evidence depends on…
if there is objection to relevance, ar…
if court admits evidence that's admiss…
- whether witness is qualified... - whether privilege exists... - w…
proof must be introduced by sufficient evidence that a reason…
goes to weight not admissibility
ON REQUEST, the court must give limiting instruction to jury
Court decides these preliminary questi…
- whether witness is qualified... - whether privilege exists... - w…
When relevance of evidence depends on…
proof must be introduced by sufficient evidence that a reason…
42 terms
Evidence Rules
101-Scope
102-Purpose and Construction
103-Rulings on Evidence
104(a)-Preliminary Questions
Rules of evidence apply in federal proceedings described in r…
In cases requiring interpretation of the rules, apply a 'plai…
To preserve an evidentiary issue, a party must object to cour…
Questions of admissibility are determined by the judges with…
101-Scope
Rules of evidence apply in federal proceedings described in r…
102-Purpose and Construction
In cases requiring interpretation of the rules, apply a 'plai…
58 terms
Evidence Rules
101
102
1101
1102
Scope, Defintions
Purpose
Applicability of the Rules
Amendments
101
Scope, Defintions
102
Purpose
8 terms
Rules of Evidence
Evidence is...
Relevant
Material
Direct Evidence
Anything which assists in proving or disproving the existence…
When evidence has direct bearing on a fact worth consideratio…
When evidence is of sufficient importance of influence, when…
Actual knowledge of the facts through the use of senses. The…
Evidence is...
Anything which assists in proving or disproving the existence…
Relevant
When evidence has direct bearing on a fact worth consideratio…
23 terms
Rules of Evidence
Rule 101
Rule 401
Rule 402
Rule 403
Scope of Rules: Applicability, Privileges, Exceptions... [No dir…
Definition of "Relevant Evidence"
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
Exclusion of Relevant Evidence on the Grounds of Prejudice, C…
Rule 101
Scope of Rules: Applicability, Privileges, Exceptions... [No dir…
Rule 401
Definition of "Relevant Evidence"
13 terms
Rules of Evidence
Rule 611 (c)
Rule 403
Rule 602
Rule 702
Leading the Witness
Narrative Answer/More Prejudicial Than Probative
Lack of Foundation/Personal Knowledge
Improper Expert Opinion
Rule 611 (c)
Leading the Witness
Rule 403
Narrative Answer/More Prejudicial Than Probative
23 terms
Rules of Evidence
minimal test which evidence must pass…
primary purpose of preventing the intr…
purposes for offering evidence in court
testimonial evidence
relevant, competently presented, legally obtained
1. irrelevant or unreliable ... 2. unfairly prejudicial ... 3. time…
-proof... -to impeach witness... -rehabilitate witness... -assist in d…
evidence in oral form, usually under oath
minimal test which evidence must pass…
relevant, competently presented, legally obtained
primary purpose of preventing the intr…
1. irrelevant or unreliable ... 2. unfairly prejudicial ... 3. time…
48 terms
Rules of Evidence
Rule 401
Rule 402
Rule 403
Rule 404
Test for evidence
General Admisability of Relevant Evidence
Excluding Relevant Evidence for Prejudice, Confusion, Waste o…
Character Evidence
Rule 401
Test for evidence
Rule 402
General Admisability of Relevant Evidence
49 terms
Rules of evidence
401
402
403
404
Why is it important to my case? relevance?
Relevant= coming in not relevant= not coming in
Probative value is substantially outweighed by:... unfair preced…
Character evidence: crimes or other acts. ... cant say "he fired…
401
Why is it important to my case? relevance?
402
Relevant= coming in not relevant= not coming in
58 terms
Rules of Evidence
Rule 401
Rule 402
Rule 403
Rule 404(a)1
Definition of "Relevant Evidence"... "Relevant evidence" means…
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
Exclusion of Relevant Evidence on Grounds of Prejudice, Confu…
Exception to Inadmissible Character Evidence to Prove Action…
Rule 401
Definition of "Relevant Evidence"... "Relevant evidence" means…
Rule 402
Relevant Evidence Generally Admissible; Irrelevant Evidence I…
24 terms
Rules of Evidence
401
402
403
701
Definition of relevance. Relevance is something that makes a…
Objection for relevance. Not relevant information is inadmiss…
-Unnecessarily cumulative evidence (response: "highlighting f…
Lay witness opinion-- lay witnesses can testify to their rati…
401
Definition of relevance. Relevance is something that makes a…
402
Objection for relevance. Not relevant information is inadmiss…
34 terms
Evidence Rules
CA prop 8
Spousal Communication Privilege
Spousal Testimonial Privilege
logical relevance
All evidence is admissible in a criminal case unless it falls…
all confidential communications between spouses that are made…
allows one spouse to refuse to testify against another spouse…
has any tendency to make a material fact of consequence more…
CA prop 8
All evidence is admissible in a criminal case unless it falls…
Spousal Communication Privilege
all confidential communications between spouses that are made…
13 terms
Rules of Evidence
Rule 101
Rule 102
Rule 401
Rule 402
Scope ... (These Alabama YMCA Youth Judicial Rules of Evidence…
Purpose and Construction... (These Rules are intended to secure…
Definition of "Relevant Evidence"... ("Relevant evidence" means…
Relevant Evidence Generally Admissible: Irrelevant Evidence I…
Rule 101
Scope ... (These Alabama YMCA Youth Judicial Rules of Evidence…
Rule 102
Purpose and Construction... (These Rules are intended to secure…
Rules of Evidence
404
801 D 2 D
801 D 2 A
803 1
Character Evidence
Made by an agent or employee
Made by the party in an in an individual or representative ca…
Present sense impression
404
Character Evidence
801 D 2 D
Made by an agent or employee
36 terms
Rules of evidence
106
401
403
404
optional completeness--read the whole statement
without relevance you're done-- "make a fact of the case more…
i don't want to see-- prejudicial than probative
character evidence
106
optional completeness--read the whole statement
401
without relevance you're done-- "make a fact of the case more…
18 terms
Rules of Evidence
relevance
competence
hearsay
priviliges
materiality - applies to case being tried... probativeness - mak…
passes constitutional restraints - doesn't violate other laws…
statement made out of court and not under oath, that seeks to…
marital, cleric-penitent, lawyer-client, doctor-patient
relevance
materiality - applies to case being tried... probativeness - mak…
competence
passes constitutional restraints - doesn't violate other laws…
10 terms
Rules of Evidence
Rule 403
Rule 404
Rule 405
Rule 406
Excluding Relevant Evidence
Character Evidence, Crimes or Other Acts
Methods of Proving Character
Habit; Routine Practice
Rule 403
Excluding Relevant Evidence
Rule 404
Character Evidence, Crimes or Other Acts
47 terms
rules of evidence
Rule 101.a
Rule 101b
Rule 102
Rule 103 a1AB
(a) Scope. These rules apply to proceedings in the courts of…
b) Definitions. In these rules... (1) "civil case" means a civil…
These rules should be construed so as to administer every pro…
(a) Preserving a Claim of Error. A party may claim error in a…
Rule 101.a
(a) Scope. These rules apply to proceedings in the courts of…
Rule 101b
b) Definitions. In these rules... (1) "civil case" means a civil…
11 terms
Rules of Evidence
Evidence is relevant if:... (a) it has an…
The court may exclude relevant evidenc…
If a witness is not testifying as an e…
In a criminal case, an expert witness…
Rule 401
Rule 403
701
Rule 704
Evidence is relevant if:... (a) it has an…
Rule 401
The court may exclude relevant evidenc…
Rule 403
31 terms
Rules of Evidence
Rule 401 A- Relevant Evidence
Rule 401 B- Relevant Evidence
Rule 402- Test for Relevant Evidence
Rule 403- Prejudicial vs Probative
Evidence is relevant if it has a tendency to make a fact more…
Evidence is relevant if the facts is of consequence in determ…
Relevant evidence is admissible; Irrelevant evidence is inadm…
The court may exclude relevant evidence if its probative valu…
Rule 401 A- Relevant Evidence
Evidence is relevant if it has a tendency to make a fact more…
Rule 401 B- Relevant Evidence
Evidence is relevant if the facts is of consequence in determ…
14 terms
Rules of Evidence
Rule 1
Rule 2
Rule 3
Rule 4
Leading Questions
Narration
Relevance
Hearsay
Rule 1
Leading Questions
Rule 2
Narration
Rules of Evidence
401
relevance
relevance
404
"Relevant Evidence" is rule...
If you fail to see how a question relates to the case, then y…
Kelly, what are your hobbies? "Objection, your honor, ____"
Character evidence is not admissible to prove conduct-this is…
401
"Relevant Evidence" is rule...
relevance
If you fail to see how a question relates to the case, then y…
18 terms
Rules of Evidence
Rules of Evidence
Objections
Sustain
Over ruled
assure that each side has a fair trial, govern type of eviden…
requesting evidence, witness, question be withheld from court
judge agrees
judge disagrees
Rules of Evidence
assure that each side has a fair trial, govern type of eviden…
Objections
requesting evidence, witness, question be withheld from court
23 terms
Rules of evidence
Evidence
Law of evidence
Where do we get the rules of evidence…
Purpose of evidentiary rules
Anything presented to a judge or jury that is offered to prov…
System of rules and principles regulating the burden of proof…
State and federal rules of evidence
Prevent irrelevant and/or unreliable evidence.
Evidence
Anything presented to a judge or jury that is offered to prov…
Law of evidence
System of rules and principles regulating the burden of proof…
31 terms
Rules of Evidence
Scope
Objections Beyond the Scope
Form of Question During Direct Examina…
Scope of Direct Examination
101
102
201
202
Scope
101
Objections Beyond the Scope
102
33 terms
Rules of Evidence
400s
600s
700s
800s
Relevance/Character Evidence
Lay Testimony
Opinions/Experts
Hearsay
400s
Relevance/Character Evidence
600s
Lay Testimony
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