mock rules of evidence

401

relevance

more or less; consequence

401: a) evidence is relevant if it has the tendency to make a fact ____ or ____ probable than it would be without the evidence and b) the fact is of ________ in determining the action

arguing that the evidence being discussed relates to a fact in the matters of the case and that it affects how likely a fact in question is true or false; ensures that info pertinent only to the actual issues of the case is being brought in; keeps trial more focused and efficient

overview of 401

402

general admissibility of relevant evidence

US constitution, these rules of evidence, other rules perscripbed in Midlands

402: relevant evidence is admissible unless any of the following provides otherwise: ______, ______, _______. irrelevant evidence is not admissible. relevant evidence is limited to the info supplied by or reasonably inferred from the case materials supplied by AMTA

you can’t use/admit evidence that doesn’t fit the definition of 401 of relevant evidence

overview of 402

403

more prejudicial than probative (excluding relevant evidence for prejudice, confusion, waste of time, or other reasons)

probative, prejudice, (misleading the) jury, (wasting) time

403: the court may exclude relevant evidence if its ______ value is substantially outweighted by a danger of one or more of the following: unfair ______, confusing the issues, misleading the _____, undue delay, wasting _____, or needlessly presenting cumulative evidence

the court can exclude evidence whose probative/significant value is substantially outweighed by its unfair prejudice, misleading the jury, cumulative nature (and also undue delay, easting time, confusing the issue)

overview of 403

404

character evidence; crimes or other acts

character, character trait, accordance

404a 1: prohibited uses of character evidence = evidence of a person’s _______ or _______ is not admissible to prove that on a particular occasion the person acted in __________ with the character or trait

fill in here when have crim case

404a 2: exceptions for a defendant or victim in a criminal case =

you can’t say that a person has this characteristic they would have acted in a certain way. this ensures that the focus remains on the actual facts of the case, rather than allowing a person’s character or unrelated actions to unfairly influence the outcome

overview of 404

602

need for personal knowledge/lack of personal knowledge

helps ensure a witness’s testimony is reliable and firsthand knowlege which adds credibility to their testimony (this rule does not apply to expert witnesses)

overview of 602

personal knowledge; testimony; 703

602: a witness may not testify about something unless evidence is introduced to support a finding that the witness has _______ of the matter; evidence to prove personal knowledge may but does not need to consist of the witness’s own ________; the rule is subject to the provisions of Rule ______, which relates to opinion testimony by expert witness

701

opinion testimony by lay witness

perception; understanding, fact; specialized knowledge

701: if a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:

a. rationall based on the witness’s ________

b. helpful to clearly ______ the witness’s testimony or to determining a _______ in issue

c. not based on scientific, technical, or other ______ within the scope of 702

ensures that lay witnesse testimony stays within the scope of common, first hand observations rather than technical assessments

overview of 701

702

testimony by expert witness

knowledge, facts, methods, applied (*note: unless said in case materials, formal certification of a witness as an expert in a scientific field is not required or permitted)

702: a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

a. the expert’s scientific, technical, or other specialized _______ will help the trier of fact understand the evidence or to determine a fact in issue

b. the testimony is based on sufficient _____ or data

c. the testimony is the product of reliable principles and ______, and

d. the expert has reliably ______ the principles and methods to the facts of the case

aims to ensure that experts are rigorously grounded in credible knowledge, providing reliable and valuable insights to assist the court in complex, specialized matters

overview of 702

703

bases of an expert's opinion testimony

703:

801

definitions that apply to article; exclusions from hearsay

oral, made, testifying, truth

801:

a. statement- “statement” means that a person’s ____ assertion, written assertion, and nonverbal conduct (if the person intended it as an assertion)

b. declarant- “declarant: means the person who _____ the statement

c. hearsay- “hearsay” means a statement that:

1: the declarant does not make while _____ at the current trial or hearing and

2: a party offers in evidence to prove the ______ of the matter asserted in the statement

declarant, opposing

801d: statements that are not hearsay

1: a _______-witness’s prior statement

2: an _______ party’s statement

802

the rule against hearsay

MRE, Supreme Court

802: hearsay is not admissible unless any of the following provides otherwise:

• M_____

• other rules perscribed by Midlands _______

803

exceptions to the rule against hearsay (regardless of whether the declarant is available as a witness)

describing, event, immediately; startling event; memory

803: the following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:

1. present sense impression: a statement ______ or explaining an _____ or condition, made while or _____ after the declarant perceived it

2. excited utterance: a statement relating to a ______ _____or condition, made while the declarant was under the stress of excitement that it caused

3. then-existing mental, emotional, or physical condition: a statement of the declarant’s then-existing mind (such as motive intent or plan)

   or emotional, sensory, or physical condition (sch as mental feeling, pain, or bodily health), but not including a statement of ______ or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will