Mock Trial Rules Of Evidence: Question Format

What does ARTICLE I of the Simplified Rules of Evidence and Procedure govern?

The scope of the Simplified Rules of Evidence and Procedure for the Mock Trial Program.

What is the purpose of Rule 101 in the Mock Trial Program?

To establish that the Simplified Rules of Evidence and Procedure govern the trial proceedings.

What happens if an objection is not contained in the Simplified Rules according to Rule 102?

The court shall not consider the objection, and counsel must point this out.

What program do the Simplified Rules of Evidence and Procedure govern?

The Mock Trial Program.

Who is responsible for pointing out if an objection is not contained in the Simplified Rules, as per Rule 102?

Counsel.

What is the specific formal name of the rules governing evidence and procedure in the Mock Trial Program?

The Simplified Rules of Evidence and Procedure.

What is the court's response if an objection raised by counsel is not found within the Simplified Rules, as stated in Rule 102?

The court shall not consider the objection.

What is the focus of ARTICLE II in the Mock Trial Program?

The rules governing how witnesses are questioned and how testimony is presented.

What defines a leading question as per Rule 201?

A question that suggests to the witness the answer desired by the examiner.

During direct examination, what must questions comply with according to Rule 203(a)?

Questions must ask for specific information and not invite the witness to narrate.

What is the maximum number of questions allowed during redirect examination as stated in Rule 206?

Three additional questions.

What is an example of a leading question often seeking?

A 'yes' or 'no' answer, or implies the preferred answer.

During which type of examination are leading questions generally prohibited?

Direct examination.

What type of responses should direct examination questions generally avoid, according to Rule 203(a)?

Responses that invite broad narration.

Rule 203(a) explicitly states that direct examination questions must ask for what kind of information?

Specific information.

Beyond asking for specific information, what must direct examination questions not do according to Rule 203(a)?

Invite the witness to narrate generally.

How does the allowance of leading questions differ between direct examination and cross-examination?

Leading questions are generally prohibited on direct examination but are allowed on cross-examination.

What are the three permissible scopes of questions during cross-examination as outlined in Rule 204?

Questions must relate to issues raised during direct examination, the witness's credibility, or relevant matters not explored in direct if they clarify an issue.

What is the primary purpose of redirect examination in a trial?

To clarify or explain matters raised during cross-examination.

What is the permissible scope of questions during redirect examination?

Limited to matters brought out during cross-examination.

Under what specific circumstances might leading questions be allowed during direct examination?

When examining a hostile witness, an adverse party, or a witness identified with an adverse party.

What does it mean for a question to be 'beyond the scope' during cross-examination?

It introduces entirely new issues not covered in the direct examination.

What does Rule 301 define as an 'invented fact'?

A material fact not contained in stipulations or evidence, not a fair extrapolation.

What is a fair and reasonable extrapolation?

An inference that does not materially affect the case outcomes and is based on personal knowledge.

What makes a fact 'material' in the context of Rule 301?

It is a fact that could significantly influence the outcome of the case.

What are the primary sources of facts in a mock trial, other than fair extrapolations, that prevent a fact from being 'invented'?

Stipulations or evidence.

What is the typical outcome if an attorney or witness introduces an 'invented fact' in the Mock Trial Program?

Opposing counsel should promptly object, and if sustained, the jury will be instructed to disregard it, or the court may impose other penalties.

What is the key criterion for an extrapolation to be considered 'fair and reasonable'?

It must be an inference that does not materially affect the case outcomes and is based on personal knowledge.

Who should promptly object if an invented fact is introduced during testimony?

Opposing counsel.

What action may the court take if an objection to an 'invented fact' is sustained?

Instruct the jury to disregard the statement, or impose other appropriate penalties.

According to Rule 401, what is meant by 'relevant evidence'?

Evidence that tends to make the existence of any fact more or less probable.

When is irrelevant evidence admissible according to Rule 402?

Irrelevant evidence is not admissible.

What can evidence of a person's character or trait not be used for, as stated in Rule 404?

To prove conduct in conformity with that character on a particular occasion.

Rule 401 describes 'relevant evidence' as having what specific quality?

It makes the existence of any fact associated with the case more or less probable.

What specific dangers are listed in Rule 403 that can cause otherwise relevant evidence to be deemed inadmissible?

Unfair prejudice, confusion of the issues, or misleading the jury.

What does the term 'probative value' refer to in the context of evidence?

The degree to which evidence makes a fact more or less probable, or proves something pertinent to the case.

Under what condition is relevant evidence still inadmissible according to Rule 403?

When its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury.

Rule 404 places a prohibition on using evidence of a person's character or trait for what specific purpose?

To prove conduct in conformity with that character on a particular occasion.

Provide an example of how character evidence cannot be used under Rule 404.

You cannot argue 'because the defendant is generally a peaceful person, they must not have committed the assault.'

What does Rule 501 state regarding the prerequisites for admission of physical evidence?

Physical evidence must be relevant, identified as authentic to be admitted.

What are the two main prerequisites for the admission of physical evidence, according to Rule 501?

It must be relevant and identified as authentic.

How is the authenticity of physical evidence typically established?

Through testimony from a witness with personal knowledge who can identify the item.

Is relevance still a requirement for physical evidence to be admitted, according to Rule 501?

Yes, it must be relevant in addition to being identified as authentic.

What does Rule 601 state about a person's competency as a witness?

Every person is presumed competent to be a witness.

Under Rule 601, what is the basic assumption about every person regarding their ability to testify?

Every person is presumed competent to be a witness.

What factors might challenge a witness's competency, despite the initial presumption?

Factors such as lack of personal knowledge, inability to understand the oath, or to communicate effectively.

What limitations does Rule 701 place on opinion testimony by lay witnesses?

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

What is the purpose of Rule 706?

To govern the admissibility of opinions and inferences from lay and expert witnesses.

Rule 701 specifies that a lay witness's opinion must be rationally based on what?

The witness's perception.

For a lay witness's opinion to be admissible, it must be helpful for what two purposes?

Understanding the witness's testimony or determining a fact in issue.

What two categories of witnesses does Rule 706 govern regarding the admissibility of opinions and inferences?

Lay and expert witnesses.

What is the fundamental difference in the basis for opinion testimony between a lay witness and an expert witness?

Lay witness opinions are based on perception, while expert witness opinions are based on specialized knowledge, skill, experience, training, or education.

What are the criteria for a statement to not be considered hearsay according to Rule 801(d)(1)?

The declarant testifies at the trial, subject to cross-examination, and the statement is inconsistent with their testimony.

According to Rule 803(2), when is a spontaneous exclamation considered admissible?

If made under excitement or shock that negates ability for premeditation.

What is the general definition of 'hearsay'?

An out-of-court statement offered in court to prove the truth of the matter asserted.

What is the significance of the phrase 'out-of-court statement' in the definition of hearsay?

The statement was made outside of the current formal legal proceeding.

What does it mean if a statement is offered 'to prove the truth of the matter asserted' in the context of hearsay?

The statement is being used as direct evidence to establish that the content of the statement is true.

Under Rule 801(d)(1), what two conditions must be met regarding the 'declarant' for a prior inconsistent statement to not be considered hearsay?

The declarant testifies at the trial and is subject to cross-examination.

What does 'inconsistent with their testimony' mean in Rule 801(d)(1)?

The declarant's prior statement contradicts what they are saying in their current court testimony.

Rule 803(2) states that a 'spontaneous exclamation' must relate to what type of event or condition?

A startling event or condition.

What quality must a spontaneous exclamation possess for it to be admissible under Rule 803(2)?

It must be made under the stress or excitement or shock caused by the event, which negates the ability for premeditation.

Why is a spontaneous exclamation considered an exception to the hearsay rule?

The spontaneity of the statement, made under the immediate impact of a startling event, ensures its reliability by leaving no time for fabrication.

What does Rule 901 establish regarding objections during examinations?

Objections must be made only by the opposing attorney examining the same witness.

What is a closing argument required to be based on as per Rule 905?

The evidence and testimony presented during the trial.

Under Rule 901, which attorney is expressly prohibited from making an objection during an examination?

The attorney who is conducting the examination of their own witness.

According to Rule 901, who is permitted to make an objection during an examination?

Only the opposing attorney examining the same witness.

What is the primary restriction on the content of a closing argument, as stipulated by Rule 905?

It must be based solely on the evidence and testimony presented during the trial.

Can an attorney introduce new facts or evidence during a closing argument?

No, new facts or evidence are not permitted; the argument must only discuss what was already presented.

What is the overall objective of a closing argument in a mock trial?

To effectively summarize the case, highlight favorable evidence, and persuade the jury based on the introduced evidence and testimony.