Federal Rules of Evidence

This rule is about relevance?

Rule 401

This rule states irrelevant evidence is inadmissible.

Rule 402

Under Rule 402, relevant evidence is admissible unless:

the Constitution, federal statute, the federal rules of evidence, or other rules prescribed by the Supreme Court provide otherwise.

This rule is about excluding relevant evidence.

Rule 403

Under rule 403 when relevant evidence can be excluded

the probative value is substantially outweighed by: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or presenting culmulative evidence.other considerations that affect its admissibility.

This rule governs subsequent remedial measures.

rule 407

under rule 407 when subsequent remedial measures cannot be used as evidence

negligence, culpability, defect in product or design, or a failure to warn.

under rule 407, when remedial measures can be used.

impeach the witness, prove ownership or control, or feasibility of measures taken

This rule is about compromise offers or negotiations.

rule 408

This rule is about offers to pay medical expenses.

rule 409

this rule is about pleas, plea discussions, or related statements

rule 410

this rule is about competency to testify

rule 601

this rule is about the need for personal knowledge

rule 602

This rule states all witnesses must have personal knowledge about the facts that make up their testimony

rule 602

this is an exception to personal knowledge rule

expert testimony

This rule is about an oath or affirmation to testify

rule 603

This rule states any interpreter must be qualified and given an oath to make a true translation

rule 604

This rule is about a judge’s competency

rule 605

This rule is about a juror competency as a witness

rule 606

When jurors are not competent to testify

at a trial before their fellow jurors OR at a proceeding to challenge the validity of a verdict or indictment

Exceptions to the juror competency rule

1. extraneous prejudicial information the jury learned about 2. improper outside influence 3. a mistake in the verdict form.

evidence is relevant if

it has a tendency to make a fact more or less probable AND the fact is of consequence in determining the action

relevant evidence can be excluded if the probative value is substantially outweighed by the risk of it being unfairly prejudicial under what rule

rule 403

the probative value of Relevant evidence must be (what) to be excluded under rule 403

substantially outweighed by the risk…

compromise offers and negotiations are not admissible by who

either party

is rule 403, excluding relevant evidence, a MAY or MUST rule?

may

Rule 408 on settlement offers and negotiations requires what

a disputed claim

This rule states that evidence of a withdrawn guilty plea, nolo contendre plea, unresolved criminal plea bargain is inadmissible

rule 410

under what circumstance does rule 408 allow evidence of settlement negotations

to prove bias or prejudice

does rule 409 apply to someone who offers to pay for lost wages

no - medical expenses or similar expenses only

does rule 409 apply to a person who agrees to pay for property damage

no, medical expenses or similar expenses only

what are three competency requirements

capacity, personal knowledge, and oath or affirmation

what are form objections under rule 611

ambiguous, argumentative, asked and answered, beyond the scope, narrative, compound question, leading question, vague

when are leading questions allowed

on cross examination or with a witness who has been declared hostile by the court

The scope of direct examination

proving your case, disproving your opponents case, and limitations are relevance and other rules

The scope of cross examination

attacking a witness’s direct testimony or believability and limited to direct testimony or credibility

scope of redirect examination

rehabilitate a witness's credibility and limited to cross testimony

This rule recognizes a witness’s testimony may need refreshing

rule 612

This rule requires a TRIGGER

rule 612 - to refresh a witness’s memory

Does marital communication or spousal immunity protect “events”?

spousal immunity

what case defined attorney/client privilege for corporate clients?

UpJohn

Upjohn factors

(1) communication is for securing legal advice (2) communication is at the direction of the employer (3) communication is relating to matters within the scope of employment

What is protected under the therapist/patient privilege

confidential communication for the purpose of diagnosis or treatment

does attorney client privilege protect communications with support staff

yes

what is the purpose of the crime/fraud exception of attorney client privilege?

at the time the client is getting legal services, they must getting those services for the purposes of pedaling a future crime or fraud.

This privilege protects “work product”

Attorney/client privilege

The right against self-incrimination applies to

criminal & civil cases

Who holds the spousal privilege

the testifying spouse

Who holds the marital communication privilege

both spouses

this marriage related privilege applies to both criminal and civil cases

martial communication AND spousal privilege

which marriage related privilege is only valid during the life of the marriage?

spousal privilege

which marriage related privilege remains after the marriage ends?

marital communications

How privileges are waived

(1) fails to assert

(2) chooses not to assert

(3) voluntary disclosure to a third non-privileged party

crime/fraud exception of attorney/client privilege

at the time the client is getting legal services, they must be getting those services for the purpose of pedaling a future crime

how to undue or mitigate attorney/client breach

attorney/client took steps to prevent disclosure in first place or rectify error after

How therapist/client privilege is breached

(1) patient waives privilege

(2) patient’s mental health condition is at issue

(3) communication was court ordered

(4) case is a civil commitment proceeding

how clerfy privilege is waived

(1) penitent waives the privilege

how spousal immunity is breached

(1) witness spouse waives privilege

(2) spouses are joint-participants in a crime

(3) spouse is charged with a crime against the testifying spouse

(4) the marriage has terimated

how a marriage terminates

divorce or death

how marital communication is breached

(1) witness spouse waives privilege

(2) spouses are joint-participants in a crime

(3) spouse is charged with a crime against the testifying spouse

(4) the spouses are suing each other

This rule is about definitions

Rule 1001

consists of letters, words, numbers, or their equivalent set down in any form.

a writing

consists of letters words, numbers, or their equivalent recorded in any manner

a recording

a photographic image or its equivalent stored in any form

a photograph

a writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it

an original

any printout or other output readable by sight if it accurately reflects the information

electronically stored original

a negative or a print from it

an original photograph

This rule is about self-authenticating evidence

rule 902

Self-authenticating evidence

(1) sealed/signed domestic public documents

(2) signed/certified domestic public documents

(3) foreign public documents

(4) certified copies of public records

(5) official publications

(6) newspaper or periodical

(7) trade inscriptions

(8) acknowledged documents

(9) commercial paper

(10) presumptions under a federal statute

This rule is about authenticating or identifying evidence

rule 901

The proponent must produce evidence sufficient to support that the item is what the proponent claims it is.

rule 901 authenticating or identifying evidence

This rule is about the requirement of the original.

Rule 1002

This is required in order to prove its content unless these rules or a federal statute provides otherwise.

an original writing, recording, or photograph

This rule is about the admissibility of duplicates

rule 1003

Unless what happens, a duplicate is admissible to the same extent as an original

a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate

This rule is about admissibility of other evidence of content

rule 1004

When is an original not required

(1) if the original is lost/destroyed and not by the proponent

(2) the original cannot be obtained

(3) the party failed to produce the original

(4) the item is not closely related to a controlling issue

what does authentification of evidence do

(1) it establishes relevance

(2) provides assurance it is genuine

(3) provides context

handwriting may be identified by

(1) the person who authored it

(2) someone who saw the act of writing

(3) expert witness

(4) signature comparison

(5) by a lay person familiar with the authors writing

this requires a party to present the original document, recording, or photograph when trying to prove its content at trial

the best evidence rule

This rule requires the writing, recording, or photograph has independent legal significance.

rule 1002

material evidence has

legal relevance

pertinency issues MAY include

honest

violence

cautiousness

driving habits

character evidence

evidence about a person’s traits, propensities, and moral standing

personal knowledge

when a witness directly perceived an event and is testifying to their own senses

competency issues go to what

weight

what rule requires a disputed claim?

408

subsequent remedial measures CAN be used to prove

IFO

impeachment

ownership

feasibility

rule 407 shows up most often in what type of cases?

civil

evidence of mitigation steps is inadmissible to show

NCDN

negligence

culpability

defect

need for warning

the policy behind 403

JADE

safeguards against:

juror bias

assumptions

emotions

deception

weight of evidence is

a question of fact - determined by jury

admissibility of evidence is

question of law - determined by court

probative evidence has what

logical relevance

inscribed chattels

insignias, short, easy to remember logos

When MAY a juror be called to testify

Extraneous prejudicial info

outside influence

verdict form mistakes

which privilege protects against EVENTS that occurred before or during the marriage

spousal immunity