evidence Flashcards
Browse 500 sets of evidence flashcards
Three major areas of evidence law
Two minor areas of evidence law
General principals of the federal rules…
Two Step Approach for Deciding Whether…
1. Relevance... 2. Witnesses... (a) Form of examination - Types of…
1. Writings ... 2. Privileges
The rules apply to:... (1) All trials in fed court - civil and c…
Step 1: Determine whether the evidence is relevant (i.e., tend…
Three major areas of evidence law
1. Relevance... 2. Witnesses... (a) Form of examination - Types of…
Two minor areas of evidence law
1. Writings ... 2. Privileges
What should you watch out for with stip…
Lay Witness Personal Knowledge Requirem…
Lay Testimony/Competency of a Witness
IMPEACHMENT
strategic use of stipulation to keep damaging evidence out
In order for a lay witness to testify, he must have personal k…
Lay testimony is any testimony given by a witness not qualifie…
Impeachment of a witness is the questioning or discrediting of…
What should you watch out for with stip…
strategic use of stipulation to keep damaging evidence out
Lay Witness Personal Knowledge Requirem…
In order for a lay witness to testify, he must have personal k…
Three major areas of evidence law
Two minor areas of evidence law
General principals of the federal rules…
Two Step Approach for Deciding Whether…
1. Relevance... 2. Witnesses... (a) Form of examination - Types of…
1. Writings ... 2. Privileges
The rules apply to:... (1) All trials in fed court - civil and c…
Step 1: Determine whether the evidence is relevant (i.e., tend…
Three major areas of evidence law
1. Relevance... 2. Witnesses... (a) Form of examination - Types of…
Two minor areas of evidence law
1. Writings ... 2. Privileges
Common WRONG answers
Evidence essay approach
HS exceptions
CA Evidence essay
1) "Inadmissible because it is not the best evidence" -- misst…
1) relevance... -logically relevant - tending to prove a fact of…
Bring the following all together whether or not relevant... -stat…
The California Evidence Code (CEC) requires that evidence be l…
Common WRONG answers
1) "Inadmissible because it is not the best evidence" -- misst…
Evidence essay approach
1) relevance... -logically relevant - tending to prove a fact of…
What Federal Rules of Evidence Apply To…
P wants to introduce statements made by…
Judge vs. Jury
Judge vs. Jury re Witnesses
Apply To:... 1. Civil... 2. Criminal... 3. District Court... 4. Appeals... 5.…
The issue is whether the statements are testimonial and theref…
Jury = trier of fact... Judge = trier of law (and trier of fact i…
Judge determines and can consider inadmissible evidence:... 1. Wh…
What Federal Rules of Evidence Apply To…
Apply To:... 1. Civil... 2. Criminal... 3. District Court... 4. Appeals... 5.…
P wants to introduce statements made by…
The issue is whether the statements are testimonial and theref…
logical evidence
empirical evidence
anecdotal evidence
argument
evidence based on facts and a clear rationale
data collected through direct observation
Evidence based on personal accounts of incidents
A statement put forth and supported by evidence
logical evidence
evidence based on facts and a clear rationale
empirical evidence
data collected through direct observation
101 Scope; Definitions
102 Purpose
606 Juror's Competency as a Witness (a)
606 Juror's Competency as a Witness (b)
(a) Scope. these rules apply to proceedings in U.S. courts. Th…
These rules should be consstrued so as to administer every pro…
At the Trial. A juror may not testify as a witness before the…
During an Inquiry into the Validity of a Verdict or Indictment…
101 Scope; Definitions
(a) Scope. these rules apply to proceedings in U.S. courts. Th…
102 Purpose
These rules should be consstrued so as to administer every pro…
Rules 101 & 1101
Motions in Limine
Rule 103
Rule 105
SCOPE OF RULES... Lays out where the rules apply: ... Civil Cases/…
Meaning "at the threshold"... Motions that are mainly concerned…
OBJECTING AND STRIKING EVIDENCE - RULING ON EVIDENCE... Outlines…
LIMITING INSTRUCTIONS ... Outlines how and when a judge should a…
Rules 101 & 1101
SCOPE OF RULES... Lays out where the rules apply: ... Civil Cases/…
Motions in Limine
Meaning "at the threshold"... Motions that are mainly concerned…
101
201
301
302
Scope; Definitions ... (a) Scope. These rules apply to proceedi…
Judicial Notice of Adjudicative Facts ... (a) Scope. This rule…
Presumptions in Civil Cases Generally ... In a civil case, unle…
Applying State Law to Presumptions in Civil Cases ... In a civi…
101
Scope; Definitions ... (a) Scope. These rules apply to proceedi…
201
Judicial Notice of Adjudicative Facts ... (a) Scope. This rule…
401
403
404(a)
404(b)
Test for Relevant Evidence... relevant if:... (a) has any tendency t…
Excluding Relevant Evidence for Prejudice, confusion, waste of…
(a) Character Evidence; (b) Crime or other acts... (a)(1) genera…
(a) Character Evidence; (b) Crime or other acts... (b)(1) Prohib…
401
Test for Relevant Evidence... relevant if:... (a) has any tendency t…
403
Excluding Relevant Evidence for Prejudice, confusion, waste of…
Federal Rules of Evidence DO NOT apply…
Relevance definition
Habit Evidence
Discretionary Exclusion of Relevant Evi…
i)court's determination of a preliminary question of fact gove…
Relevant evidence that makes a fact important to the case ANY…
describes a person's REGULAR RESPONSE to SPECIFIC set of circu…
If its probative value is SUBSTANTIALLY outweighed by the dang…
Federal Rules of Evidence DO NOT apply…
i)court's determination of a preliminary question of fact gove…
Relevance definition
Relevant evidence that makes a fact important to the case ANY…
Evidence - Impeachment
Evidence - Hearsay - business records e…
Evidence - Hearsay - admission of party…
Evidence - Hearsay - admission of party…
The friend's statement to his cellmate is a prior inconsistent…
The business records exception to the hearsay rule requires th…
This statement is admissible both to impeach the defendant's t…
What the defendant said to the plaintiff, even in a private co…
Evidence - Impeachment
The friend's statement to his cellmate is a prior inconsistent…
Evidence - Hearsay - business records e…
The business records exception to the hearsay rule requires th…
What does FRE apply to?
Relevance
Steps to proving relevance
Relevance step 1
criminal and civil trials... preliminary hearings, grand jury, m…
- Relevant & Material Facts: ... o Relevant: Tends to establish…
- Step #1: Is the evidence relevant to an issue in the case? (…
o Evidence is relevant if: ... (a) it has any tendency to make…
What does FRE apply to?
criminal and civil trials... preliminary hearings, grand jury, m…
Relevance
- Relevant & Material Facts: ... o Relevant: Tends to establish…
Evidence based practice
Elaborated
Steps for EBP
A good clinical question
A practice that is supported by scientific evidence, clinical…
Best research evidence: the higher the level of evidence, the…
Ask... Acquire... Appraise... Apply... Evaluate
First, define precisely whom the question is about... Next defin…
Evidence based practice
A practice that is supported by scientific evidence, clinical…
Elaborated
Best research evidence: the higher the level of evidence, the…
credible witness
evidence
hearsay evidence
production
Is one whose evidence is held by the court to be... trustworthy n…
Includes all legal means (exclusive of mere argument) which... te…
Is evidence at second hand given by a person who is... merely rep…
Includes any liquid, animal, document, article or other thing…
credible witness
Is one whose evidence is held by the court to be... trustworthy n…
evidence
Includes all legal means (exclusive of mere argument) which... te…
104(A)
104(B)
201(A)
201(B)
• In General: The court must decide any preliminary question a…
• Relevance That Depends on a Fact: When the relevance of evid…
Scope. This rule governs judicial notice of an adjudicative fa…
Kinds of Facts That May Be Judicially Noticed. The court may j…
104(A)
• In General: The court must decide any preliminary question a…
104(B)
• Relevance That Depends on a Fact: When the relevance of evid…
Relevance
Evidence
Types of Error
Reversible/Prejudicial Error
Whether the evidence has any tendency to prove a fact that is…
Testimony, writings, material objects, or other things present…
Harmless Error... Reversible/Prejudicial Error... Plain Error
Error effects substantial right (likely to change outcome of c…
Relevance
Whether the evidence has any tendency to prove a fact that is…
Evidence
Testimony, writings, material objects, or other things present…
Rules 101 & 1101
Types of Evidence
oral testimony
real evidence
SCOPE OF RULES... Lays out where the rules apply: ... Civil Cases/…
1. Oral... 2. Real Evidence... 3. Documents... 4. Demonstrative... 5. Stip…
Fact witness, Character Witnesses [Article 6]... Expert Witnesses…
evidence that consists of physical material or traces of physi…
Rules 101 & 1101
SCOPE OF RULES... Lays out where the rules apply: ... Civil Cases/…
Types of Evidence
1. Oral... 2. Real Evidence... 3. Documents... 4. Demonstrative... 5. Stip…
401
402
104(b)
403
Test for relevant evidence.... Evidence is relevant if:... (a) it ha…
General admissibility of relevant evidence.... Relevant evidence…
(b) Relevance That Depends on a Fact. When the relevance of ev…
Excluding Relevant evidence.... The court may exclude relevant ev…
401
Test for relevant evidence.... Evidence is relevant if:... (a) it ha…
402
General admissibility of relevant evidence.... Relevant evidence…
Reasons for Law of Evidence
What happens at trial?
Forms of Evidence
Keeping evidence out:
1. Mistrust in juries (hearsay doctrine)... 2. To serve substanti…
Jury Selection... Opening Statement... Presentation of Proof... Trial M…
Testimony- what people say... Real Evidence-physical objects invo…
Rules 103 and 104
Reasons for Law of Evidence
1. Mistrust in juries (hearsay doctrine)... 2. To serve substanti…
What happens at trial?
Jury Selection... Opening Statement... Presentation of Proof... Trial M…
Hearsay
Witness
Declarant
Statement
an out of the present court statement offered to prove the tru…
Person testifying on the stand. May or may not be the Declaran…
Person who made the out of court statement.
oral or written assertion; or, nonverbal conduct if the person…
Hearsay
an out of the present court statement offered to prove the tru…
Witness
Person testifying on the stand. May or may not be the Declaran…
Preserving Error, Elements of Proof & W…
Evidence Defined: (EPW)
Appealing an alleged Evidentiary Error:…
How much deference should appellate cou…
...
Evidence Defined:... "testimony, writings, material objects, or…
(3-step process)... 1) The party must preserve the issue for a…
Appellate courts often answer with a simple generalization suc…
Preserving Error, Elements of Proof & W…
...
Evidence Defined: (EPW)
Evidence Defined:... "testimony, writings, material objects, or…
Confrontation Clause
tender years
Crawford v. Washington
Davis v. Washington, 547 U.S. 813 (2006)
The part of the Sixth Amendment that guarantees all defendants…
Hearsay exception for children under 12 years old reporting ac…
The purpose of the Confrontation Clause was intended to restri…
A statement made during an emergency for the primary purpose o…
Confrontation Clause
The part of the Sixth Amendment that guarantees all defendants…
tender years
Hearsay exception for children under 12 years old reporting ac…
Rule 403: Balancing Test
Rule 402: Relevance
Hearsay
4 step hearsay analysis
The court may exclude relevant evidence if probative value is…
Irrelevant evidence will always be excluded
Out of Court... Statement... By a qualifying declarant... Offered for t…
1. Relevant?... 2. Hearsay?... 3. If hearsay, do one of the exceptio…
Rule 403: Balancing Test
The court may exclude relevant evidence if probative value is…
Rule 402: Relevance
Irrelevant evidence will always be excluded
Learned Treatise Hearsay Exception
Form Objections
Business Records Hearsay Exception
DAUBERT FACTORS FOR EXPERT TESTIMONY
A learned treatise is admissible to prove anything stated ther…
Calls for narrative... Leading (allowed in cross or in direct aga…
Writing made in the "regular course of business," at or near t…
1) tested; 2) subject to peer review and publication; 3) low e…
Learned Treatise Hearsay Exception
A learned treatise is admissible to prove anything stated ther…
Form Objections
Calls for narrative... Leading (allowed in cross or in direct aga…