National High School Mock Trial Championship Rules of Evidence

Comprehensive vocabulary flashcards defining evidentiary rules, objections, and hearsay concepts from the National High School Mock Trial Championship Rules of Evidence.

Rule 101 (Scope)

The rule establishing that the National High School Mock Trial Rules of Evidence govern the trial proceedings of the National High School Mock Trial Championship.

Rule 102 (Purpose and Construction)

The principle that rules should be construed to administer proceedings fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law to ascertain the truth and secure a just determination.

Rule 105 (Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes)

The requirement that when evidence is admissible against one party or for one purpose but not another, the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

Rule 106 (Remainder of or Related Writings or Recorded Statements)

The rule permitting an adverse party to require the immediate introduction of any other part of a writing or recorded statement that in fairness ought to be considered at the same time.

Rule 201 (Judicial Notice of Adjudicative Facts)

The mechanism allowing a court to accept an adjudicative fact not subject to reasonable dispute because it is a matter of mathematical or scientific certainty (such as $10 \times 10 = 100$ or that there are $5280$ feet in a mile).

Relevant Evidence (Rule 401)

Evidence having any tendency to make a fact more or less probable than it would be without the evidence, where the fact is of consequence in determining the action.

Rule 403 Exclusion

The exclusion of relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Character Evidence (Rule 404(a)(1))

Evidence of a person's character or character trait offered to prove that on a particular occasion the person acted in accordance with that character or trait, which is generally prohibited.

Crimes, Wrongs, or Other Acts Permitted Uses (Rule 404(b)(2))

Admissible non-character purposes for offering evidence of prior acts, including proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

Methods of Proving Character (Rule 405)

Proving character by testimony about reputation or opinion, or through specific instances of conduct on cross-examination or when character is an essential element of a charge, claim, or defense.

Habit or Routine Practice (Rule 406)

Evidence of an individual's habit or an organization's routine practice admitted to prove action in accordance therewith on a particular occasion, regardless of corroboration or eyewitnesses.

Subsequent Remedial Measures (Rule 407)

Actions taken after an injury or harm that would have made it less likely to occur; inadmissible to prove negligence, culpable conduct, defect, or need for a warning, but admissible for other purposes like impeachment or proving ownership.

Compromise Offers and Negotiations (Rule 408)

Furnishing, promising, offering, or accepting valuable consideration, or conduct/statements made during compromise negotiations; inadmissible to prove the validity or amount of a disputed claim or for impeachment.

Offers to Pay Medical and Similar Expenses (Rule 409)

Furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury; inadmissible to prove liability for the injury.

Inadmissible Pleas and Related Statements (Rule 410)

Withdrawn guilty pleas, nolo contendere pleas, and statements made during plea proceedings or discussions that did not result in an unwithdrawn guilty plea.

Liability Insurance (Rule 411)

Evidence that a person was or was not insured against liability; inadmissible in a civil case to prove negligence or wrongful conduct, but permitted for purposes such as proving agency, ownership, control, or witness bias.

Privileges (Rule 501)

Exclusions of admissions and communications on public policy grounds, specifically protecting communications between spouses, attorney and client, and medical or mental health care providers and patient.

General Rule of Competency (Rule 601)

The evidentiary standard providing that every person is competent to be a witness.

Need for Personal Knowledge (Rule 602)

The requirement that a lay witness may testify only if evidence (such as the witness's own testimony) supports a finding that they have personal knowledge of the matter.

Rule 607 (Who May Impeach a Witness)

The rule allowing any party, including the party that called the witness, to attack the credibility of that witness.

Character for Truthfulness or Untruthfulness (Rule 608)

Attacking or supporting credibility via reputation or opinion testimony (admitting truthful character evidence only after attack) while prohibiting extrinsic evidence for specific instances of conduct except certain convictions.

Ten-Year Limit on Conviction Impeachment (Rule 609(b))

The limitation that applies if more than $10\text{ years}$ have passed since conviction or release from confinement, admitting the conviction only if probative value substantially outweighs prejudicial effect.

Religious Beliefs or Opinions (Rule 610)

Evidence of a witness's religious beliefs or opinions, which is inadmissible to attack or support the witness's credibility.

Scope of Cross-Examination (Rule 611(b))

Examination that is not limited to the scope of direct examination, allowing inquiry into any relevant facts, matters, reasonable inferences, or material omissions from witness statements or exhibits.

Leading Questions (Rule 611(c))

Questions that suggest the desired answer, generally restricted on direct examination but permitted on cross-examination or when examining a hostile witness, adverse party, or witness identified with an adverse party.

Writing Used to Refresh a Witness's Memory (Rule 612)

A procedure allowing an adverse party to inspect, cross-examine on, and introduce relevant portions of a writing used by a witness to refresh memory before or while testifying.

Opinion Testimony by Lay Witness (Rule 701)

Non-expert opinion testimony limited to what is rationally based on the witness's perception, helpful to understanding or fact determination, and not based on specialized knowledge.

Testimony by Experts (Rule 702)

Opinion or other testimony given by a witness qualified by knowledge, skill, experience, training, or education whose specialized knowledge helps the trier of fact and is based on sufficient facts or data.

Bases of an Expert's Opinion Testimony (Rule 703)

Facts or data an expert observed or was made aware of; they need not be admissible if reasonably relied upon by experts in the field, but otherwise inadmissible facts require probative value to substantially outweigh prejudice to be disclosed.

Opinion on Ultimate Issue Exception (Rule 704(b))

The criminal case rule barring an expert witness from stating an opinion about whether the defendant did or did not have a mental state or condition constituting an element of the crime charged or defense.

Statement (Rule 801(a))

A person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

Declarant (Rule 801(b))

The person who made the statement.

Hearsay (Rule 801(c))

A statement that the declarant does not make while testifying at the current trial or hearing, offered in evidence to prove the truth of the matter asserted in the statement.

An Opposing Party's Statement (Rule 801(d)(2))

A non-hearsay statement offered against an opposing party made in an individual/representative capacity, adopted, made by an authorized speaker, made by an agent/employee within scope, or made by a coconspirator.

Present Sense Impression (Rule 803(1))

A hearsay exception for a statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

Excited Utterance (Rule 803(2))

A hearsay exception for a statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

Then-Existing Mental, Emotional, or Physical Condition (Rule 803(3))

A hearsay exception for statements of state of mind or bodily condition, excluding statements of memory or belief to prove the fact remembered (unless relating to the declarant's will).

Statement Made for Medical Diagnosis or Treatment (Rule 803(4))

A hearsay exception for statements reasonably pertinent to medical care describing medical history, symptoms, sensations, inception, or general cause.

Recorded Recollection (Rule 803(5))

A record on a matter once known but now insufficiently recalled, made or adopted when fresh in memory and accurately reflecting knowledge; it may be read into evidence but received as an exhibit only if offered by an adverse party.

Records of Regularly Conducted Activity (Rule 803(6))

A hearsay exception for records kept in the course of regularly conducted business activity, made at or near the time by someone with knowledge, shown by a custodian or qualified witness.

Statements in Ancient Documents (Rule 803(16))

A hearsay exception for a statement in a document that was prepared before January 1, 1998, and whose authenticity is established.

Learned Treatises, Periodicals, or Pamphlets (Rule 803(18))

Statements in published treatises called to an expert's attention or relied upon and established as reliable authority; they may be read into evidence but not received as exhibits.

Criteria for Being Unavailable (Rule 804(a))

Circumstances where a declarant is exempted by privilege, refuses to testify under court order, testifies to lack of memory, cannot testify due to death/illness, or cannot be procured by reasonable means.

Statement Under the Belief of Imminent Death (Rule 804(b)(2))

In a homicide prosecution or civil case, a statement made by an unavailable declarant believing death to be imminent, concerning its cause or circumstances.

Statement Against Interest (Rule 804(b)(3))

A statement contrary to the unavailable declarant's proprietary, pecuniary, or penal interest, supported by corroborating circumstances if offered in a criminal case exposing the declarant to liability.

Wrongfully Caused Unavailability (Rule 804(b)(6))

A hearsay exception admitting a statement offered against a party that wrongfully caused—or acquiesced in wrongfully causing—the declarant's unavailability, intending that result.

Hearsay within Hearsay (Rule 805)

The rule establishing that combined layers of hearsay are admissible only if each separate part conforms with an exception to the rule against hearsay.

Residual Exception (Rule 807)

The hearsay exception admitting statements not covered by Rules 803 or 804 if supported by sufficient guarantees of trustworthiness and determined to be more probative than other reasonably obtainable evidence.