Term
| Rule 401 Def of Relevant Evidence |
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Definition
| "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. |
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Term
| Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible |
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Definition
| All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible. |
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Term
| Judge considers two things to see if evidence is relevant under FRE 401 |
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Definition
1. is the item offered to prove a fact that is "of consequence" to the case
2. Does the evidence actually tend to prove (or disprove) that fact by making it more (or less) probable |
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Term
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Definition
relevant evidence is offered to prove a fact of consequence
EF (evidentiary fact)--->FOC (fact of consequence) --->EE (Essential element) |
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Term
| Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time |
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Definition
| Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. |
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Term
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Definition
evidence that if believed establishes an essential element
(eye witness) |
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Term
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Definition
the connection btwn an evidentiary fact and an essential element is not so immediate and may require many intervening inferences
(bloody fingerprint on gun) |
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Term
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Definition
| Judge should measure evidence's probative value of and NEED for the evidence against the harm likely to result from its admission |
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Term
| Two principal risks of unfair predjudice within the scope of FRE 403 p. 138 |
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Definition
*evidence might suggest an improper basis upon which the jury could decide the case (not just bc its detrimental to a party's case)
1. the evidence about a party can trigger a response that has nothing to do with its logical connection to a fact of consequence
2. if evidence could be used by the jury in a manner that violates a rule of evidence law |
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Term
| rule 403: confusion on the issues |
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Definition
| collateral issues : their connection to the essential elements is trivial and may be based on complicated or attenuated theories of relevance |
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Term
| rule 403 misleading the jury/confusion |
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Definition
| risk that an item of evidence will cause the jury to draw a mistaken inference |
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Term
| Rule 403: undue delay, waste of time and needless cumulative evidence p 141 |
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Definition
evidence may NOT be excluded solely to avoid delay
the court should consider the probative value of the proffered evidence and balance it against the harm of the delay |
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Term
608(a)
BUT truthfulness can only be offered IF it was first attacked |
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Definition
| (a) Reputation or Opinion Evidence. A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked. |
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Term
608(b)(b) Specific Instances of Conduct.
did you lie on your law school app?
Karina, did you know ethan lied on his law school app? did YOU lie on your law school app? |
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Definition
| Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: |
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Term
| RULE 609. IMPEACHMENT BY EVIDENCE OF A CRIMINAL CONVICTION |
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Definition
| FIRST step: 609(a)(2): it can readily be determined that the crime involved proof of dishonesty or false statement IF YES GO TO 609(b): if its been more than 10 years since conviction/confinement |
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Term
609(b): 10 years
1. substantially outweigh prejudice 403
2. notice |
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Definition
(b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:
(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use. |
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Term
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Definition
| At CL and NJ law, there are only exceptions no exceptions (no functional difference) |
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Term
| Hearsay: alternative to statement not being hearsay |
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Definition
1. legally operative fact (verbal acts)
2. state of mind such as knowledge, belief or intent
3. witness repeats own out of court statement
4. effect on the listneer |
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