Mock Trial Rules of Evidence

Vocabulary flashcards covering simplified mock trial rules of evidence including general provisions, relevancy, witnesses, expert opinions, hearsay, and exhibits.

Rule 101 Scope of Rules

Simplified rules that serve as the only basis for evidentiary objections in mock trial, with no outside rules applying.

Rule 103 Offer of Proof

A procedure that is not permitted; teams cannot argue what a disallowed answer would have been.

Rule 104 Voir Dire

A procedure that is not permitted; questioning a witness's qualifications outside the normal examination is prohibited.

Rule 105 Directed Verdicts

A rule specifying that motions to dismiss or directed verdicts are not permitted.

Rule 401 / 402 Relevant Evidence

Evidence is relevant if it makes a fact that matters to the case more or less probable; irrelevant evidence is not admissible.

Rule 403 Exclusion for Prejudice/Confusion/Delay

A rule allowing even relevant evidence to be excluded if it is unfairly prejudicial, confusing, or a waste of time.

Rule 404 Character Evidence

Evidence regarding character that is only allowed about truthfulness, and only if the person testified.

Rule 601 Competency

The rule stating that everyone is competent to be a witness.

Rule 602 Personal Knowledge

The requirement that a witness must have personal knowledge of what they testify about, which includes the invention-of-fact rule.

Rule 602(B) Invention of Fact

A mock-trial-specific rule where direct exam is limited strictly to a witness's written statement, while cross exam permits fair extrapolation if responsive, not overly elaborate, and non-contradictory.

Rule 603 Outside Research

The rule stating that teams may not reference anything not included in the case file.

Rule 608 Character/Conduct of Witness

A rule providing that witness credibility can be attacked or supported only as to truthfulness, and supportive evidence is allowed only after an attack.

Rule 611 Mode & Order of Questioning

Rules covering leading questions, hostile witnesses, and examination scopes: leading is barred on direct/redirect but allowed on cross/recross; redirect and recross are strictly limited to the prior scope.

Rule 612 Refreshing Memory

A process allowing a witness to be shown a writing to jog their memory, provided opposing counsel receives a clean, unmarked copy.

Rule 616 Bias/Impeachment

The rule stating that a witness may be impeached for bias, sensory or mental defect, or specific contradiction.

Rule 701 Lay Opinion

An opinion by a non-expert, permitted only if based on what they personally saw or heard and if it helps explain their testimony.

Rule 702 Expert Testimony

Testimony given by a witness qualified by specialized knowledge, training, or experience using reliable methods.

Rule 703 Bases of Expert Opinion

The principle that an expert can base an opinion on facts they perceived or facts admitted into evidence.

Rule 704 Opinion on Ultimate Issue

The principle that an opinion is not automatically objectionable just because it addresses the ultimate question in the case.

Rule 705 Disclosure of Underlying Facts

The requirement that an expert must disclose the facts or data behind their opinion in response to a question or hypothetical.

Hearsay

An out-of-court statement offered to prove the truth of what it asserts.

Rule 801 Definitions

Rule defining statement, declarant, and hearsay, while listing statements that are not hearsay such as prior statements and admissions by a party-opponent.

Rule 802 Hearsay Rule

The rule establishing that hearsay is inadmissible unless an exception applies.

Rule 803 Present Sense Impression

A statement said while perceiving the event, or immediately after.

Rule 803 Excited Utterance

A statement said under the stress of a startling event.

Rule 803 Then-Existing Condition

Statements describing a current mental, emotional, or physical condition such as intent, plan, or feeling, but not memory of the past.

Rule 803 Business Records

Regularly kept records made at or near the time by someone with knowledge.

Rule 804 Hearsay Exceptions

Exceptions including dying declarations and statements against interest, which apply only when the declarant truly cannot testify.

Rule 805 Hearsay Within Hearsay

Double hearsay, which is admissible as long as each layer independently fits a hearsay exception.

Rule 901 Exhibits

The rule stating that every exhibit in the case file is pre-stipulated as admitted and authentic, but must still be introduced properly through a knowledgeable witness and never altered.