Study sets matching "rules evidence"

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Study sets matching "rules evidence"

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…
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…
58 terms
Evidence Rules
101
102
1101
1102
Scope, Defintions
Purpose
Applicability of the Rules
Amendments
101
Scope, Defintions
102
Purpose
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
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…
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…
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…
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
22 terms
Evidence Rules: Character evidence
categories of character evidence
Types of character evidence
405: a
405b
1. proof of conduct by propensity- general ban 404a1... 2. proof…
1. opinion... 2. reputation... 3. specific acts
Methods of Proving Character ... a: When evidence of a person's…
b: when a person's character or character trait is an essenti…
categories of character evidence
1. proof of conduct by propensity- general ban 404a1... 2. proof…
Types of character evidence
1. opinion... 2. reputation... 3. specific acts
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…
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…
10 terms
Evidence Rules
Relevance Standard
Subsequent Remedial Measures
Character Evidence: Victim in a a Crim…
Specific Bad Acts
to be admissible, evidence must be relevent--> having any ten…
Evidence of subsequent remedial measures by the D is excluded…
D may offer his own knowledge of victims character to prove t…
generally not admissible to show propensity to commit the act…
Relevance Standard
to be admissible, evidence must be relevent--> having any ten…
Subsequent Remedial Measures
Evidence of subsequent remedial measures by the D is excluded…
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…
Rules of Evidence
Rule 803
803(1)
803(2)
803(3)
hearsay exceptions
quote anonymous, unavailable, or unidentified witness
excited utterance
then-existing mental, emotional, or physical condition.
Rule 803
hearsay exceptions
803(1)
quote anonymous, unavailable, or unidentified witness
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…
122 terms
Federal Rules of Evidence
FRE 401
FRE 401 (name)
FRE 402
FRE 402 (name)
Relevant if a) PROBATIVE: tendency to make a fact more/less p…
Test for Relevant Evidence.
Relevant evidence is admissible unless exception; irrelevant…
General Admissibility of Relevant Evidence.
FRE 401
Relevant if a) PROBATIVE: tendency to make a fact more/less p…
FRE 401 (name)
Test for Relevant Evidence.
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…
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.
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
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…
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.
74 terms
Rules of Evidence
101
102
103
104
Scope; Definitions
Purpose
Ruling on Evidence
Preliminary Questions
101
Scope; Definitions
102
Purpose
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…
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…
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…
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.
Evidence Rules
103 (a) Preserving a Claim of Error.
103 (b) Not Needing to Renew an Object…
103 (d) Preventing the Jury from Heari…
103 (e) Taking Notice of Plain Error.
A party may claim error in a ruling to admit or exclude evide…
Once the court rules definitively on the record — either befo…
To the extent practicable, the court must conduct a jury tria…
A court may take notice of a plain error affecting a substant…
103 (a) Preserving a Claim of Error.
A party may claim error in a ruling to admit or exclude evide…
103 (b) Not Needing to Renew an Object…
Once the court rules definitively on the record — either befo…
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…
71 terms
Evidence Rules
Rule 102. Purpose
Rule 606 b During an Inquiry into the…
Rule 611. Mode and Order of Examining…
611 b
These rules should be construed so as to administer every pro…
Jury can't testify about:... cant talk about anything in deliber…
Court controls questioning to avoid wasting time and to preve…
(b) Scope of cross-x limited to direct & credibility. Judge m…
Rule 102. Purpose
These rules should be construed so as to administer every pro…
Rule 606 b During an Inquiry into the…
Jury can't testify about:... cant talk about anything in deliber…
11 terms
Evidence rules
Test for relevant evidence
Rule 402
Rule 403
Rule 404
Evidence is relevant if: a. It has any tendency to mk a fact…
General rule of admissibility... Relevant ebidence is admissibl…
Excluding relevant evidence for prejudice confusion waste of…
Character evidence; crime or other acts... A) chracter evidence…
Test for relevant evidence
Evidence is relevant if: a. It has any tendency to mk a fact…
Rule 402
General rule of admissibility... Relevant ebidence is admissibl…
178 terms
EVIDENCE RULES
Where do FRE apply?
When do the rules apply?
Rule 1101(a) - Applicability - Courts…
Rule 101(a) - Scope
In all federal courts, except the USSC. ... -- Apply in both civ…
The rules apply only during the trial, not during pre-trial o…
FRE apply before: ... 1. District Courts... 2. Bankruptcy and magis…
The FRE apply in US Courts (federal)
Where do FRE apply?
In all federal courts, except the USSC. ... -- Apply in both civ…
When do the rules apply?
The rules apply only during the trial, not during pre-trial o…
60 terms
Evidence Rules
103
104
105
106
Rulings on Evidence
Preliminary Questions
Limited Admissibility
Remainder of Related Writings or Recorded Statements
103
Rulings on Evidence
104
Preliminary Questions
Evidence Rules
Rule 103 - Rulings on Evidence.
Rule 105 - Limiting Evidence That is N…
Rule 401 - Test for Relevant Evidence.
Rule 402 - General Admissibility of Re…
(a) Preserving a Claim of Error.... A party may claim error in…
If the court admits evidence that is admissible against a par…
Evidence is relevant if:... (a) it has any tendency to make a f…
Relevant evidence is admissible unless any of the following p…
Rule 103 - Rulings on Evidence.
(a) Preserving a Claim of Error.... A party may claim error in…
Rule 105 - Limiting Evidence That is N…
If the court admits evidence that is admissible against a par…
Evidence Rules
Relevance
403 Test
Habit Definition
Subsequent Remedial Measures
Relevant if any tendency to prove or disprove a fact of conse…
Relevant evidence may be excluded if its probative value is s…
A regular response to a specific set of circumstances and is…
Post-accident measures are inadmissible to prove defendant ne…
Relevance
Relevant if any tendency to prove or disprove a fact of conse…
403 Test
Relevant evidence may be excluded if its probative value is s…
27 terms
Evidence Rules
Rule 402
Rule 401
Rule 403
Rule 104(a)
General Admissibility of Relevant Evidence
Test for Relevant Evidence
Excluding Relevant Evidence for Prejudice, Confusion, Waste o…
Preliminary Questions
Rule 402
General Admissibility of Relevant Evidence
Rule 401
Test for Relevant Evidence
5 terms
evidence rules
1
2
3
4
oral citations ... -author... -source of publications ... -date
eclipses are prohibited (...)... -bold parts you want to read or…
mark read/unread
private communications are prohibited ... -all evidence must be…
1
oral citations ... -author... -source of publications ... -date
2
eclipses are prohibited (...)... -bold parts you want to read or…
89 terms
Evidence Rules
101
102
103
104
Scope
Purpose
Rulings on Evidence
Preliminary Questions
101
Scope
102
Purpose
48 terms
Evidence Rules
401:
104b
403:
Evidence of Flight
Does it move the ball? Does it help prove a material face in…
Evidence offered isn't yet relevant because it depends on a f…
Court MAY exclude if it's probative value is SUBSTANTIALLY OU…
flight is admissible as evidence of consciousness of guilt an…
401:
Does it move the ball? Does it help prove a material face in…
104b
Evidence offered isn't yet relevant because it depends on a f…
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…
55 terms
Evidence Rules
Rule 401: Definition of "Relevant Evid…
Rule 402: Relevant Evidence Generally…
Rule 403: Exclusion of Relevant Eviden…
Rule 404: Character Evidence Not Admis…
"Relevant evidence" means evidence having any tendency to mak…
All relevant evidence is admissible, except as otherwise prov…
Although relevant, evidence may be excluded if its probative…
a) Evidence of a person's character or a trait of character i…
Rule 401: Definition of "Relevant Evid…
"Relevant evidence" means evidence having any tendency to mak…
Rule 402: Relevant Evidence Generally…
All relevant evidence is admissible, except as otherwise prov…
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…
Evidence Rules
Harmless error rule
Plain Error
Preliminary Facts Rule 104
Limited Admissibility
Under the Harmless Error rule, an evidentiary ruling will not…
The only time a reversal will result from the admission of E…
Preliminary questions of admissibility shall be determined by…
If evidence is admitted as to one purpose but inadmissible as…
Harmless error rule
Under the Harmless Error rule, an evidentiary ruling will not…
Plain Error
The only time a reversal will result from the admission of E…
207 terms
Evidence Rules
Relevance
403 Test
Habit Definition
Subsequent Remedial Measures
Relevant if any tendency to prove or disprove a fact of conse…
Relevant evidence may be excluded if its probative value is s…
A regular response to a specific set of circumstances and is…
Post-accident measures are inadmissible to prove defendant ne…
Relevance
Relevant if any tendency to prove or disprove a fact of conse…
403 Test
Relevant evidence may be excluded if its probative value is s…
Evidence Rules
101
102
103
104
Scope; 1101(a)-applies to all civil/criminal cases; 1101(d)-a…
Purpose; fairness, truth, justice
Rulings on evidence: preserving claim of error; once objectio…
Preliminary Questions: Court decides preliminary questions ab…
101
Scope; 1101(a)-applies to all civil/criminal cases; 1101(d)-a…
102
Purpose; fairness, truth, justice
55 terms
Evidence Rules
104
611
103
401
judge's preliminary questions... conditional admissibilty when r…
Broad authority of the court, general parameters of discretion
Contemporaneous objection and basis to preserve appeal (must…
Admissible if relevant... relevant if ... (1) evidence is offered t…
104
judge's preliminary questions... conditional admissibilty when r…
611
Broad authority of the court, general parameters of discretion
Evidence Rules
Zomerfield
Graham
Jewell
Filteau
Pursuant to Midlands Rules of Evidence 104(a), when evaluatin…
While the prosecution in a criminal case must prove each of t…
When defendants raise the defense of entrapment, they necessa…
A statement's admissibility will sometimes turn on the identi…
Zomerfield
Pursuant to Midlands Rules of Evidence 104(a), when evaluatin…
Graham
While the prosecution in a criminal case must prove each of t…
213 terms
Evidence Rules
Relevance
403 Test
Habit Definition
Subsequent Remedial Measures
Relevant if any tendency to prove or disprove a fact of conse…
Relevant evidence may be excluded if its probative value is s…
A regular response to a specific set of circumstances and is…
Post-accident measures are inadmissible to prove defendant ne…
Relevance
Relevant if any tendency to prove or disprove a fact of conse…
403 Test
Relevant evidence may be excluded if its probative value is s…
40 terms
Evidence Rules
104 A
104(b)
105
401
Must prove beyond a preponderance of the evidence that a prel…
Conditional Relevance: Evidence is only relevant if D knew of…
courts must restrict jury's finding of relevant evidence to t…
Evidence is relevant if it has a tendency to make a fact of c…
104 A
Must prove beyond a preponderance of the evidence that a prel…
104(b)
Conditional Relevance: Evidence is only relevant if D knew of…
43 terms
Evidence Rules
Rule 104
Rule 105
Rule 201
Rule 401
Preliminary questions
Limiting instructions
Judicial notice
Test for relevant evidence
Rule 104
Preliminary questions
Rule 105
Limiting instructions
37 terms
Rules of Evidence
Rule 101 a
Rule 101 b
Rule 102
Rule 103 a
Scope: These rules apply to proceedings in the courts of the…
Definitions: In these rules... (1) "civil case" means a civil ac…
Purpose: These rules should be construed so as to administer…
Preserving a Claim of Error: A party may claim error in a rul…
Rule 101 a
Scope: These rules apply to proceedings in the courts of the…
Rule 101 b
Definitions: In these rules... (1) "civil case" means a civil ac…
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