NJC Rules of Evidence Flashcards

Flashcards covering the Rules of Evidence for high school mock trial competitions based on the provided lecture notes.

What is the scope of the Rules of Evidence according to Rule 101?

These Rules of Evidence govern the trial proceedings of high school mock trial competitions in the YMCA’s National Judicial Competition.

What is the purpose and construction of the Rules of Evidence according to Rule 102?

These Rules are intended to secure fairness in administration of the trials, eliminate unjust delay, and promote the laws of evidence so that the truth may be ascertained.

What is the definition of 'Relevant Evidence' according to Rule 401?

Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

What does Rule 402 state about the admissibility of relevant and irrelevant evidence?

All relevant evidence is admissible, except as otherwise provided in these Rules. Irrelevant evidence is not admissible.

Under Rule 403, what are the grounds for excluding relevant evidence?

Evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.

According to Rule 404(a), when is character evidence admissible to prove conduct?

Evidence of a person’s character or character trait is not admissible to prove action regarding a particular occasion, except for character of the accused, victim, or witness under specific circumstances.

According to Rule 404(b), when is evidence of other crimes, wrongs, or acts admissible?

Evidence of other crimes, wrongs, or acts is not admissible to prove character to show action conforms to character, but it may be admissible for other purposes such as proof of motive, opportunity, intent, etc.

According to Rule 405(a), how can character or a character trait be proven?

Proof may be made by testimony as to reputation or in the form of an opinion. On cross-examination, questions may be asked regarding relevant, specific conduct.

According to Rule 405(b), when can specific instances of conduct be used to prove character or a character trait?

In cases where character or a character trait is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person’s conduct.

What does Rule 406 state regarding the admissibility of habit or routine practice as evidence?

Evidence of the habit of a person or the routine practice of an organization is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

According to Rule 407, when are subsequent remedial measures admissible as evidence?

Evidence of subsequent measures is not admissible to prove negligence or culpable conduct, but it can be admitted for other purposes like proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.

What does Rule 408 state regarding the admissibility of compromise and offers to compromise as evidence?

Evidence of compromise negotiations is not admissible to prove liability or invalidity of a claim, but it doesn't exclude evidence otherwise discoverable or when offered for another purpose like proving bias or prejudice of a witness.

According to Rule 409, when is evidence of payment of medical expenses inadmissible?

Evidence of furnishing or offering to pay medical expenses is not admissible to prove liability for the injury.

According to Rule 410, what types of pleas and plea-related statements are inadmissible?

Evidence of withdrawn guilty pleas, nolo contendere pleas, or statements made during plea discussions is generally not admissible against the defendant, with certain exceptions.

According to Rule 411, when is evidence of liability insurance admissible?

Evidence of liability insurance is not admissible to prove negligence or wrongful conduct, but it may be admissible to prove agency, ownership, control, or bias of a witness.

According to Rule 501, what types of confidential communications are excluded from evidence?

Confidential communications between husband and wife, attorney and client, physician and patient, and priest and penitent are excluded from evidence based on public policy.

What is the general rule of competency for witnesses according to Rule 601?

Every person is competent to be a witness.

According to Rule 602, what is required for a witness to testify about a matter?

A witness may not testify to a matter unless they have personal knowledge of the matter.

According to Rule 607, who may impeach a witness?

The credibility of a witness may be attacked by any party, including the party calling the witness.

According to Rule 608(a), how can the credibility of a witness be attacked or supported?

The credibility of a witness can be attacked or supported by opinion or reputation evidence, limited to truthfulness or untruthfulness, and evidence of truthful character is only admissible after an attack on the witness's honesty.

According to Rule 608(b), how can specific instances of conduct be used to attack or support a witness's credibility?

Specific instances of a witness's conduct generally cannot be proven by extrinsic evidence, but may be asked on cross-examination if probative of truthfulness or untruthfulness.

According to Rule 609(a), when is evidence of a prior conviction admissible to attack a witness's credibility?

Evidence of a witness's prior conviction of a crime is admissible if it was punishable by death or imprisonment in excess of one year (and its probative value outweighs the prejudice) or if it involved dishonesty or false statement.

According to Rule 609(b), what is the time limit for using evidence of a conviction to impeach a witness?

Evidence of a conviction is not admissible if more than 10 years have elapsed since the conviction or release from confinement, unless the court determines the probative value substantially outweighs its prejudicial effect and the adverse party receives advance written notice.

According to Rule 609(c), what effect does a pardon or annulment have on the admissibility of a conviction?

Evidence of a conviction is not admissible if the conviction has been pardoned based on rehabilitation or innocence.

According to Rule 609(d), when are juvenile adjudications admissible as evidence?

Evidence of juvenile adjudications is generally not admissible, but the court may allow it in a criminal case for a witness other than the accused if conviction of the offense would be admissible for an adult and it's necessary for a fair determination.

What does Rule 610 state regarding the admissibility of religious beliefs or opinions of a witness?

Evidence of a witness's religious beliefs or opinions is not admissible to show that their credibility is impaired or enhanced.

According to Rule 611(a), what control does the Court have over questioning and presentation of evidence?

The Court shall exercise reasonable control over questioning and presentation to ascertain the truth, avoid needless time, and protect witnesses from harassment or undue embarrassment

According to Rule 611(b), what is the scope of cross examination?

Cross examination is not limited to the scope of direct examination, but may inquire into any relevant facts or matters contained in the witness’ statement.

According to Rule 611(c), when are leading questions permitted?

Leading questions should not be used on direct examination (except as necessary), but are permitted on cross-examination and when examining a hostile or adverse witness.

According to Rule 611(d), what are the constraints on redirect and recross examination?

Redirect and recross examination must be limited to matters raised by the opposing attorney on cross and redirect examination respectively and should avoid repetition

According to Rule 612, what rights does the adverse party have when a writing is used to refresh a witness's memory?

If a writing is used to refresh a witness's memory, the adverse party is entitled to have the writing produced for inspection, cross-examine the witness on it, and introduce relevant portions into evidence.

According to Rule 613, how are prior statements of witnesses handled during examination?

When examining a witness about a prior statement, the statement need not be shown or disclosed, but it must be shown or disclosed to opposing counsel on request and an opportunity to explain or deny the same

According to Rule 701, what are the limitations on opinion testimony by lay witnesses?

Lay witness testimony in the form of opinions or inferences is limited to those rationally based on the witness's perception and helpful to understanding the testimony or determining a fact in issue.

According to Rule 702, when can an expert testify?

A qualified expert may testify in the form of an opinion or otherwise if scientific, technical, or specialized knowledge will assist the trier of fact to understand evidence or determine a fact in issue.

According to Rule 703, what are the bases of opinion testimony by experts?

An expert's opinion may be based on facts or data perceived or made known to the expert at or before the hearing, and if reasonably relied upon by experts in the field, the facts or data need not be admissible in evidence.

According to Rule 704, can an opinion embrace the ultimate issue?

Opinion or inference testimony is not objectionable because it embraces an ultimate issue, but in a criminal case, an expert witness shall not express an opinion as to the guilt or innocence of the accused.

According to Rule 705, must an expert disclose the underlying facts of their opinion?

The expert may testify in terms of opinion without prior disclosure of underlying facts, but may be required to disclose the underlying facts on cross-examination.

According to Rule 801, what are the definitions of 'statement', 'declarant', and 'hearsay'?

A 'statement' is an oral or written assertion or nonverbal conduct intended as an assertion; a 'declarant' is a person who makes a statement; and 'hearsay' is a statement offered to prove the truth of the matter asserted.

According to Rule 801(d)(1), what prior statements by a witness are not considered hearsay?

Prior inconsistent statements made under oath, prior consistent statements to rebut a charge of fabrication, and statements of identification are not hearsay.

According to Rule 801(d)(2), what types of statements qualify as admissions by a party-opponent and are not hearsay?

Statements made by a party, statements the party adopts, statements by authorized persons, statements by agents/servants within the scope of their employment, and statements by co-conspirators during the conspiracy are admissions by a party-opponent and not hearsay.

What does Rule 802 state regarding the admissibility of hearsay?

Hearsay is not admissible, except as provided by these rules.

According to Rule 803, what are some hearsay exceptions where the availability of the declarant is immaterial?

Present sense impressions, excited utterances, then-existing mental/emotional/physical conditions, statements for medical diagnosis/treatment, recorded recollections and records of regularly conducted activity are admissible even if the declarant is available.

According to Rule 804(a), what defines 'unavailability as a witness'?

Unavailable witnesses include those exempted by privilege, refusing to testify, lacking memory, unable to be present due to death/illness, or absent with reasonable procurement efforts.

According to Rule 804(b), what are some hearsay exceptions when the declarant is unavailable?

Former testimony, statements under belief of impending death, statements against interest, statements of personal/family history and forfeiture by wrongdoing are admissible if the declarant is unavailable.

According to Rule 805, how is hearsay within hearsay treated?

Hearsay within hearsay is not excluded if each part of the combined statement conforms to a hearsay exception.