Rules of Evidence

What is the purpose of the rules of evidence in American courts?

To ensure fair hearings and exclude irrelevant or improper evidence.

What is the relevance test according to Rule 401?

if it makes a fact more or less probable and the fact is of consequence.

What does Rule 402 state regarding relevant evidence?

is admissible unless stated otherwise by the rules.

What allows a court to exclude relevant evidence according to Rule 403?

If its probative value is substantially outweighed by dangers like unfair prejudice or confusing the issues.

What is the general principle in Rule 404 regarding character evidence?

Character evidence is not admissible to prove conduct on a specific occasion.

What type of evidence may be admitted under Rule 406?

Evidence of habit or routine practice to prove a person or organization acted in accordance with that habit.

In Rule 601, who is competent to be a witness?

Each mock trial witness is competent and may testify according to their witness statement or facts provided.

What does Rule 602 require for a witness to testify?

The witness must have personal knowledge of the matter they're testifying about.

Who can impeach a witness according to Rule 607?

Any party, including the one that called the witness.

Under Rule 608, what forms of evidence can support or attack a witness's credibility?

Evidence in the form of opinion and reputation related to the witness's character for truthfulness.

What is the limitation for a lay witness’s opinion based on Rule 701?

It must be rationally based on perception and helpful to understanding or determining a fact.

According to Rule 702, when can an expert witness present opinion testimony?

If they are qualified and their knowledge will assist in understanding the evidence or determining a fact.

Rule 703 states that experts can base their opinion on what?

Facts or data that they have been made aware of or personally observed.

What does Rule 802 establish about hearsay?

Hearsay is not admissible unless provided for by the Rules.

What is an example of a non-hearsay statement according to Rule 801?

A statement made by a party against their interest.

What constitutes an excited utterance under Rule 803(2)?

A statement made while the declarant was under stress from a startling event.

What is the procedure for objecting to openings and closings as per Rule 1201?

Objections must be raised immediately after the opposing attorney concludes.

What does Rule 1202 say about the number of objections?

There is no limit on objections, but frivolous objections may lead to scoring penalties.

What objection may be used if a witness lacks personal knowledge?

Objection. The witness has no personal knowledge.

What does Rule 611(a) say about the court's control?

The court should control the mode and order of witness examination and presentation of evidence.

Under Rule 611, when can leading questions be asked?

Typically on cross-examination, but not during the direct examination of one’s own witness.

What should an attorney do if the witness gives a narrative answer?

Object by stating 'the answer is not responsive.'

According to Rule 612, when is a witness allowed to use a written document?

To refresh recollection, but cannot read from it during direct examination.

How can hearsay be impeached as per the rules?

By objecting with 'Objection. The answer is based on hearsay' and asking to disregard the witness's statement.

What is the intent behind Rule 609 regarding impeachment by prior criminal convictions?

To provide grounds for attacking a witness's credibility if they've been convicted of a crime.

Rule 703 allows an expert to base opinions on which types of information?

Upon information that experts in their field would typically rely on.

What does Rule 701 prohibit regarding opinion testimony?

Items based on scientific, technical, or other specialized knowledge.

When can Rule 612's memory-refreshing procedures be applied?

Only when the witness is on direct examination.

What does Rule 803(6) articulate about recorded recollections?

It allows them to be used if made when the event was fresh in the witness's memory.

In cross-examinations, what is allowed as per Rule 611(b)?

Leading questions are permitted.

What is the foundational purpose of the objections in mock trial?

To ensure testimony complies with evidentiary rules and to protect the integrity of the trial.

What guiding principle does Rule 1203 highlight for other typical objections?

General forms of evidentiary objections that can change based on the yearly case.

What needs to be established to introduce a witness's prior statements during cross-examination?

The opposing party must indicate the relevant segment for the other counsel.

What are the rules regarding the use of physical evidence in mock trials?

must rely on the provided documentation and generally may not be introduced at trial.

What does Rule 506 stipulate about leading questions?

They should not be used on the direct and re-direct examinations.

What principle does Rule 611(c) establish about narrative questions?

They are generally not allowed during direct examinations.

What is the relevance of an attorney's discretion to re-direct and re-cross examinations?

It allows optional follow-ups based on cross-examination but not compulsory.

In what case can a witness’s former statement be used during cross-examination?

For the purpose of impeachment.

What constitutes an improper conclusion of law being called for in a question?

If a question leads the witness to give a conclusion that is legal in nature rather than factual.