Mock Trial

401 (N)

Relevance

401 (D)

Relevance-has any tendency to make a fact at issue more or less likely

403 (N)

Unfairly Prejudical

403 (D)

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time.

404 (N)

Character Evidence

404 (D)

Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

406 (N)

Habit, Routine Practice

406 (D)

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.

602 (N)

Need for Personal Knowledge

602 (D)

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.

701 (D)

Lay Witness testimony limited to their rationally based on the witness’s perception; helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and not based on scientific, technical, or other specialized knowledge

701 (N)

Opinion Testimony by Lay Witness

704 (N)

Ultimate Issue

704 (D)

Ultimate Issue- In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense.

801 (N)

Hearsay

801 (D)

Out of court statement being used for the truth of the matter asserted

801 (D)(2)(A)

Assertions by a party opponent are not hearsay

803-1

Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

803-2

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

803-3

A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan)

803-6

Records of Regularly Conducted Activity.

803-21

Reputation Concerning Character. A reputation among a person’s associates or in the community concerning the person’s character.

804 (b)(3)

Declarant Available- Statement against interest

Unfair Extrapolation-

one that has no basis in the witness’ affidavit and has been invented by the witness in order to strengthen his/her testimony.

404 (B)

Prior Bad Acts