Rules of Evidence 400's and 700's

Mock Trial

401- Test for Relevant Evidence

Evidence is relevant if…

• It makes facts more/less possible

• It helps determine the action

402- General Admissibility of Relevant Evidence

Relevant Evidence is admissible unless decided otherwise

403- Excluding relevant Evidence

Relevant Evidence can be excluded if it’s probative value is significantly outweighed by…

• Unfair prejudice 

• Confuses the issue 

• Misleads the jury

• Undue delay 

• Wasting time 

• Presents unnecessary evidence  

404- Character Evidence 

Character traits can’t be used to prove a person’s actions in a specific instance 

Exceptions- Defendant/Victim in a criminal case 

• either side can offer this evidence, the other can use it against them.

405- methods of proving character 

• By reputation/opinion

  • other witnesses can testify to a person’s reputation

• By specific instances

  • when a person’s character is essential to prove a charge, relevant evidence can be used to support it

406- Habit/routine practice 

If a person has a habit, it can be used to prove that s/he acted the same way in a certain instance 

701- Opinion testimony by a lay witness 

Non-expert witnesses can only give opinion testimony on:

• Their rationally-based perception 

• Facts that make their testimony easier to understand and help prove the issue

• Non-specialized knowledge (scientific, technical, etc)

702- Testimony by experts

A witness qualified as an expert can testify to specialized knowledge to determine facts of the case (opinion testimony or otherwise)

703- Basis of an experts opinion testimony

If an expert reasonably relies on certain facts to form his/her opinion, they don’t need to be admissible in order for the testimony to be admitted

704- Opinion on an ultimate issue

• opinions that embrace the ultimate issue aren’t automatically objectionable

• Experts can give an opinion on if the defendant had a condition that constitutes an element of the charge in a criminal case 

705- Disclosing the facts/data underlying an expert’s opinion

• experts can give (and explain) an opinion without testifying to the underlying facts

  • said facts may have to be explained on cross