mock trial rules of evidence

400s

Relevancy and its Limits

401

test for relevant evidence (evidence has tendency to make a fact more or less probable than without)

403

evidence excluded for prej vs prob, confusing the issues, misleadin the jury, undue delay, wasting time, needlessly presenting cumulative evidence

confusing the issues

evidence might (mislead the jury or) distract from the main issues of the case

404a1

character or character traits not allowed to prove that on a specific instance the person acted in accordance with the character or trait

404a2

exception to 404a1, in criminal case,n if there is pertinent evidence of trait, can be rebutted, and in a homocide case prosecutor may offer evidence of peacefullness to rebut evidence that vic was first aggresor

404 b1

evidence of a crime (wrong or other act) NOT permissable to prove character…to prove that on a specific instance the person acted in accordance with the trait

404 b2

evidence of a crime (wrong or other act) IS permissable to use for any purpose other than proving character and behavior in accordance w character: motive, opportunity, intent, plan, etc.

405a

character can be proved through reputation or opinion

405b

character can be proved through specific instances of conduct

406

evidence of a habit, routine practice, can be used to prove that a person acted in accordance with the habit routine or practice

407

subsequent remedial measures can not be used to prove that a party is liable for whatever they fixed: can be used to prove that remedial measures were necessary

602

need for personal knowledge: a witness must have personal knowledge and provide evidence they do in order to testify about something

608a

Reputation or Opinion Evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. BUT evidence of truthful character is admissible only after the witness's character for truthfulness has been attacked.

608b

Specific Instances of Conduct. Except for a criminal conviction under 609, outside evidence is not admissible to prove specific instances of a witness's conduct in order to attack or support the witness's character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: the witness; or another witness whose character the witness being cross-examined has testified about.

609a

impeachment by evidence of criminal conviction: crime has to have been punishable by death OR imprisonment of more than one year,

609b

evidence of crime must have been committed in the last ten years, and is only admissable if the prob outweighs prej

609c

evidence of criminal conviction is not admissable if person was pardoned or sentence was annulled

610

persons character cannot be attacked by means of their religion

611a

court should exercise effective measures for determining truth, not waste time, and protect witness from harrassment or undue embarrassment

611b

scope of cross not limited to scope of direct

611c

leading questions

613a

witnesses prior statement: you must show opposing council any and all evidence presented to witness, including witnesses' written statement for refreshing memory

613b

cannot present evidence of a witnesses prior inconsistent statement if witness was not given opportunity to deny or explain statement and if adverse party was not given chance to examine witness about it

701

lay witness opinion limited to: rationally based perception, helpful information to determining a fact, and nothing absed on scientific technical or other specialized knowledge as within scope of 702

702

testimony by experts qualified by knowledge skill experience training or education

702a

experts sceintific technical or specialized knowledge must help trier in understanding evidence/fact of issue (must be relevant, cant be unrelated expertise)

702b

expert testimony must be based on sufficient facts or data

703

expert must have personally observed facts or data they are basing opinion on

704

an expert opinion on the ultimate issue is not immidiately objectionable unless it addresses the witnesses state of mind (mental state or conditin)

705

expert may state opinion without facts or data but also may be examined on them

801d1

declarant's prior statement is not hearsay IF statement is inconsistent (and was given under threat of perjury), is consistent and is offered to rebut or rehabilitate against previous claims

801 d2

hearsay exception opposing party statement: also applies to coconspirators

803 1

present sense impression

803 2

excited utterance

803 3

then existing mental emotional condition (motive, intent, plan) (mental feeling, pain, bodily function)

803 4

medical records are not hearsay

803 5

recorded recollections of something that cannot be told currently are not hearsay

803 6

records of regularly conducted activity

803 7

ABSENCE of regularly conducted activity

803 8

public records

803 10

ABSENCE of public records

803 16

ancient documents (before jan1 1998) are not hearsay

803 21

a persons reputation concerning character is not hearsay

804

hearsay exception: declarant unavailable

804 b2

statements mde under threat of imminent death ARE hearsay even if declarant unavailable

804 b3

Statement Against Interest (reasonable person would have only said it if true because it is so contrary to declarants interest)

805

hearsay within hearsay (both statements, even embedded ones, need to be excepted seperately)

806

when hearsay statement has been accepted into evidence, declarants credibility may be attacked