Term
Evidence is relevant if:
401 |
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Definition
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (probative value)
(b) the fact is of consequence in determining the action (materiality) |
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Term
Relevant evidence is admitted unless...
402 |
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Definition
any of the following provide otherwise:
- The US Const.
-a federal statute
-these rules; or
-other rules by SCOTUS |
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Term
| When is irrelevant evidence admissible? |
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Definition
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Term
| The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following... |
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Definition
- Unfair prejudice
- Confusing the issues
- misleading the jury
- undue delay
- wasting time; or
- needlessly presenting cumulative evidence
403
Pristine Competent Juries,Defend Tainted Courts |
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Term
| When is character evidence prohibited? |
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Definition
Evidence of character or a character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character trait.
404(a)(1) |
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Term
| When is character evidence allowed for criminal defendants? |
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Definition
A ∆ may offer evidence of HIS OWN pertinant trait, and if admitted, the prosecutor may offer evidence to rebut it.
(∆ is the only one who can open the door to character evidence)
404(a)(2)(A) |
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Term
| When is character evidence allowed for victims in a Non-Homicide case? |
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Definition
Subject to the limitation in 412, a ∆ may offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted may:
(i) offer evidence to rebut it; and
(ii) offer evidence of the ∆'s same trait |
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Term
| When is character evidence allowed for victims in a Homicide case? |
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Definition
The prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor.
404(a)(2)(C) |
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Term
| When is evidence or crimes, wrongs or other acts allowed? |
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Definition
They are not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.
However it may be admitted for another purpose, such as proving:
- Motive
- Opporutnity
- Intent
- Preparation
- Plan
- Knowledge
- Identity
- Absence of Mistake; or
- Lack of Accident
But the prosecutor must provide reasonable notice of the nature of the evidence that the prosecutor intends to offer at trial and do so before trial or during trial when there is good cause or lack of notice. |
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Term
| What are the two Methods of Proving Character? |
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Definition
(1) By reputation or opinion
(2) By specific instances of conduct |
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Term
| How does one prove character by reputation or opinion? |
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Definition
When a person's character or character trait is admissible, it may be proved by:
Testiomony about the person's repuration
or
Testiomony in the form of an opinion.
On cross-x of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
405(a) |
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Term
| How does one prove character by specific instances of conduct? |
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Definition
When a person's character or character trait is an essential element of a charge, claim or defense, the character or trait may also be proved by relevant specific instances of the person's conduct.
405(b) |
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Term
| When may evidence of a habit or routine be allowed? |
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Definition
| It may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether its corroborated or whether there is an eye witness. |
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Term
| Is evidence of subsequent remedial measures that would have made an earlier injury less likely to occur admissible? |
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Definition
No!
Evidence is NOT admissible to prove any of the following:
- Negligence
- Culpable conduct
- A defect in a product or its design
- A need for a warning or instruction
407 |
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Term
| When can evidence of subsequent remedial measures be admitted? |
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Definition
For the purposes of:
- impeachment
- proving ownership (if disputed)
- control; or
- the feasibility of precautionary measures |
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Term
| What evidence of compromises and negotiations is prohibited? |
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Definition
- Funishing, promising or offering--or accepting, promising to accept, or offering to accept--a valuable consideration in compromising or attempting to compromise the claim.
408(a) |
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Term
| When the court admit evidence of a compromise? |
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Definition
The court may admit this evidence for another purpose such as:
- Witness's bias or prejudice
- negating a contention of undue delay or
- proving a effort to obstruct a criminal investigation or prosecution
*Covers statements and conduct |
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Term
| When is evidence of offers to pay medical and similar expenses allowed? |
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Definition
Evidence of furnishing, promising to pay, or offering to pay medical, hospital or similar expenses resulting form an injury is not admissible to prove liability for the injury.
*Does NOT extend to conduct or statments |
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Term
| When are pleas, plea discussion and related statement prohibited? |
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Definition
Evidence of the following is inamissable:
- guilty pleas that was later withdrawn
- a nolo contendere plea
- a statement made during a proceeding made during a proceeding on either of those please FRCP 11 or state law
- A statment made during plea discussions with an attorney for the prosecuting if the discusssion did not result in a guilty plea or resulted in a later-withdrawn guilty plea.
*both civil and criminal cases |
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Term
| When are pleas, plea discussion and related statement allowed? |
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Definition
The court may admit a statement if?
- Statements brought together: in any proceeding which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together
- In c criminal proceeding for perjury or false statement, if the ∆ made the statement under oath on the record and with counsel present.
410 (b) |
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Term
| Evidence of liability insurance |
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Definition
Not admissible to prove negligence or acted wrongfully
Admissible:
-proving witness bias or prejudice
- agency or ownership
- control |
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Term
| When is a victim's sexual predisposition or behavior prohibited? |
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Definition
1. Evidence offered to prove that a victim engaged in other sexual behavior; or
2. evidence offered to prove a victim's sexual predisposition
*in civil and criminal cases alleging sexual misconduct |
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Term
| When is evidence of sexual behavior and predisposition allowed? |
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Definition
1. Evidence of specific instances of a victim's sexual behavior, if offered to prove that someone other than the ∆ was the source of semen, injury or other physical evidence
2. Evidence of speific instance of a victim's sexual behavior with repsect to the person accuesed of the sexual misconduct, if offered to prove consent or if offered by the prosecution and; evidence whose exclusion would violate the ∆'s constitutional rights.
*In criminal cases |
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Term
| In order to be admitted evidence must be... |
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Definition
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Term
| Relevance had to do with... |
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Definition
| the logical relationship between the piece of evidence being proffered and the fact which it was being used to prove. |
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Term
| Materiality deals with... |
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Definition
| evidence logically related to and having probative value on the point toward which it was directed but where the point to which it was directed was not a legally recognized issue in the lawsuit. |
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Term
| Direct evidence is defined as evidence which... |
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Definition
if believed, would prove the matter at issue (Not necessarily the whole case but at least this particular issue.)
Ex. A saw B shoot C |
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Term
| Circumstantial Evidence is evidence that if believed... |
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Definition
does not resolve the matter at issue unless additional reasoning is used to reach the proposition to which the evidence is directed.
Ex. estimony by Bill, a duly credentialed biologist, that DNA samples taken from human hair particles left at the scene of the crime match those obtained by drawing a sample of the defendant's blood. |
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Term
| Is circumstantial evidence inherently less reliable than direct evidence? |
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Definition
| Not always; it depends on the reliability and believability of the testimony in question. |
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Term
| In order to make sure that a jury is not aware of impermissible evidence, a party who wants to keep out evidence will make... |
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Definition
| a motion to this effect before trial; this motion is usually referred to as a motion in limine. |
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Term
| True/False: Admissibility of the evidence is the favored position |
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Definition
True
Some students are inclined to see rule 403 as an efficient and readily available tool for the exclusion of evidence. This view exaggerates the applicability of the rule. In the real world, the admissibility of evidence is the favored position. |
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Term
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Definition
Testimonial
Real
Demonstrative |
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Term
| Before the evidence can be weighed, it must first be deemed... |
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Definition
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Term
| Who decides the evidence issues? |
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Definition
The court(JUDGE) must decide any preliminary question about whether a witness is qualified, a privledge exists or evidence is admissible
104(a) |
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Term
| For what purposes might a jury consider the prior conviction “assault causing serious bodily harm?” Which purposes would be legitimate? |
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Definition
-As a predicate for the weapons charge.
-As evidence of a propensity for violence. (If he did it before, he probably did it again this time!)
-To impeach him as an unreliable witness |
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Term
| Can a ∆ waive Rule 410, the inadmissibility of pleas, plea discussions and related statements? |
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Definition
| Yes. The SC has held that a criminal defendant may knowingly and voluntarily waive many of the most fundamental protections afforded by the Constitution. Absent some affirmative indication that the agreement was entered into unknowingly or involuntarily, an agreement to waive the exclusionary provisions of the plea-statement rules is valid and enforceable. |
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Term
| Suppose that accused wants to introduce evidence that former U.S. attorney made offer of lesser charge? |
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Definition
Not specifically mentioned in the FRE.
Look if it is relevant to the defense and to rules for exclusion under 410, 408 and 403 |
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Term
| What is the definition of character? |
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Definition
| Character is a generalized description of one's dispostion, or one's dispostion in respect to a general trait such as honesty, temperment or peacefulness. |
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Term
| What is the definition of habit? |
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Definition
| It describes one's regular response to a repeated specific situation. |
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