Federal Rules of Evidence – Vocabulary Flashcards

Vocabulary flashcards summarizing key Federal Rules of Evidence, with two cards per rule (one identifying the rule, one providing the substantive description).

Rule 401

Test for Relevant Evidence

Test for Relevant Evidence (Rule 401)

Evidence is relevant if it makes a fact of consequence more or less probable.

Rule 402

General Admissibility of Relevant Evidence

General Admissibility of Relevant Evidence (Rule 402)

Relevant evidence is admissible unless the Constitution, a statute, or other rules provide otherwise.

Rule 403

Excluding Relevant Evidence

Excluding Relevant Evidence (Rule 403)

A court may exclude relevant evidence if its probative value is substantially outweighed by dangers such as unfair prejudice, confusion, or waste of time.

Rule 104

Preliminary Questions

Preliminary Questions (Rule 104)

The court decides foundational issues such as witness qualifications, privilege, and whether evidence is admissible.

Rule 404

Character Evidence & Other Acts

Character Evidence & Other Acts (Rule 404)

Generally bars using character to prove conduct, but allows specific exceptions in criminal cases and for other purposes like motive or intent.

Rule 405

Methods of Proving Character

Methods of Proving Character (Rule 405)

Allows proof of character by reputation or opinion testimony and, when character is an essential element, by specific instances of conduct.

Rule 406

Habit; Routine Practice

Habit; Routine Practice (Rule 406)

Permits evidence of a person’s habit or an organization’s routine practice to prove conduct on a particular occasion.

Rule 801

Hearsay Definitions & Exclusions

Hearsay Definitions & Exclusions (Rule 801)

Defines "statement," "declarant," and "hearsay," and identifies categories treated as not hearsay such as certain prior statements and admissions.

Rule 802

Rule Against Hearsay

Rule Against Hearsay (Rule 802)

Hearsay is inadmissible unless a federal statute, rule, or constitutional provision permits it.

Rule 803

Hearsay Exceptions (Availability Immaterial)

Hearsay Exceptions (Rule 803)

Lists hearsay exceptions applicable regardless of whether the declarant is available, e.g., present sense impression and excited utterance.

Rule 804

Hearsay Exceptions (Declarant Unavailable)

Hearsay Exceptions (Rule 804)

Lists hearsay exceptions that apply only when the declarant is unavailable, such as former testimony, dying declarations, and statements against interest.

Rule 807

Residual Exception

Residual Exception (Rule 807)

Admits hearsay not covered by other exceptions if it has sufficient guarantees of trustworthiness and is more probative than other available evidence.

Rule 607

Who May Impeach

Who May Impeach (Rule 607)

Any party, including the one that called the witness, may attack the witness’s credibility.

Rule 608

Character for Truthfulness or Untruthfulness

Character for Truthfulness or Untruthfulness (Rule 608)

Allows credibility attacks or support via reputation or opinion evidence and cross-examination about specific conduct.

Rule 609

Impeachment by Criminal Conviction

Impeachment by Criminal Conviction (Rule 609)

Permits impeachment with certain criminal convictions, subject to balancing probative value against unfair prejudice.

Rule 613

Witness's Prior Statements

Witness's Prior Statements (Rule 613)

Permits use of a witness’s prior inconsistent statements for impeachment, with notice and opportunity to explain.

Rule 901

Authenticating or Identifying Evidence

Authenticating or Identifying Evidence (Rule 901)

Requires showing that an item is what the proponent claims, using methods like witness testimony, distinctive features, or chain of custody.

Rules 1001–1004, 1008

Best Evidence Rule Series

Best Evidence Rules (Rules 1001–1004, 1008)

Require originals to prove contents, define originals and duplicates, provide exceptions, and let the jury decide authenticity disputes.

Rule 201

Judicial Notice

Judicial Notice (Rule 201)

Allows a court to accept adjudicative facts not subject to reasonable dispute without formal proof.

Rule 602

Need for Personal Knowledge

Need for Personal Knowledge (Rule 602)

A witness may testify only if evidence supports a finding that the witness has personal knowledge of the matter.

Rule 603

Oath or Affirmation

Oath or Affirmation (Rule 603)

A witness must give an oath or affirmation to testify truthfully, impressing the duty on the witness’s conscience.

Rule 611

Mode & Order of Examining Witnesses

Mode & Order of Examining Witnesses (Rule 611)

Court controls the manner and sequence of witness questioning to aid truth-finding, avoid wasting time, and protect witnesses.

Rule 103

Rulings on Evidence

Rulings on Evidence (Rule 103)

Specifies how to object to or proffer evidence and preserve errors for appeal.

Rule 107 (Proposed)

Illustrative Aids

Illustrative Aids (Rule 107 Proposed)

Would permit visual aids to assist the jury if their usefulness is not substantially outweighed by risks such as unfair prejudice or confusion.