Federal Rules of Evidence (FRE) Flashcards

Flashcards covering key concepts from the Federal Rules of Evidence (FRE), including relevance, character evidence, witness competency, impeachment, authentication, hearsay, and constitutional limitations.

Relevant Evidence

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence (probative) and the fact is of consequence in determining the action (material).

FRE 403 Balancing Test

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

Character Evidence

Generalized information regarding a person’s behavior, generally proven by reputation, opinion, or specific instances of conduct.

Propensity Bar (Civil Cases)

Character evidence is generally NOT admissible in civil cases to prove a person acted in accordance with a trait on a particular occasion, unless character is an essential element of the claim/defense or involves sexual assault/child molestation.

Opening the Door (Criminal Cases)

A defendant may present positive character evidence pertinent to the crime charged through reputation or opinion; if done, the prosecution may rebut with negative character evidence regarding the same trait.

OKMIMIC

An acronym for non-propensity purposes for which specific instances of conduct may be admissible: Opportunity, Knowledge, Motive, Intent, Mistake (absence of), Identity, or Common plan.

Habit (FRE 406)

A regular response to a repeated specific situation, such as putting on a seatbelt every time one enters a car, admitted to prove action in accordance with that habit.

Witness Competency (FRE 601)

Every person is generally competent to be a witness; questions of mental competence typically go to the weight of the evidence rather than admissibility.

Juror Witness (FRE 606)

A juror may not testify as a witness before other jurors at trial, nor about deliberations after trial, except regarding extraneous prejudicial information, outside influence, or mistakes on the verdict form.

Extrinsic Evidence (Impeachment)

A method of discrediting a witness using evidence from any source other than the witness being impeached, often requiring a proper foundation.

Bias (Impeachment)

Attacking a witness's credibility by showing a favorable/hostile relationship with a party or a stake in the outcome of the action.

FRE 609 (Prior Conviction)

Attacking character for truthfulness using criminal convictions; includes mandatory admission for crimes of dishonesty and specific balancing tests for other felonies or convictions over 10 years old.

Lay Witness Opinion (FRE 701)

Opinion testimony by a non-expert limited to perceptions that are rationally based, helpful to the trier of fact, and not based on scientific or specialized knowledge.

Daubert Factors

A non-exclusive checklist for reliability of expert testimony: whether it can/has been tested, peer review/publication, known error rate, standards/controls, and general acceptance.

Pictorial Communication Theory

The authentication of a photograph or video by a witness with firsthand knowledge establishing it as an accurate and faithful representation of the scene.

Ancient Documents

A document that may be authenticated if it is in a condition creating no suspicion of authenticity, was in a likely place, and is at least 20 years old.

Best Evidence Rule (FRE 1002)

The requirement of an original writing, recording, or photograph to prove its content unless the Federal Rules or a federal statute provide otherwise.

Hearsay (FRE 801(c))

An out-of-court statement offered to prove the truth of the matter asserted.

Assertion (Hearsay)

A human's oral or written statement, or nonverbal conduct intended as an assertion; animal or machine noises are not assertions.

Verbal Acts of Independent Legal Significance

Statements offered to prove the statement itself was made irrespective of its truth (e.g., contracts, threats), which are categorized as non-hearsay.

Present Sense Impression (FRE 803(1))

A hearsay exception for a statement describing an event or condition made while or immediately after the declarant perceived it, regardless of availability.

Excited Utterance (FRE 803(2))

A hearsay exception for a statement relating to a startling event made while the declarant was under the stress of excitement caused by the event.

Dying Declaration (FRE 804(b)(2))

In homicide or civil cases, a statement by an unavailable declarant who believed their death was imminent, concerning its cause or circumstances.

6th Amendment Confrontation Clause

Guarantees a criminal defendant the right to cross-examine prosecution witnesses; bars testimonial out-of-court statements if the declarant is unavailable and there was no prior opportunity for cross-examination.

Testimonial Statement

A statement where the declarant would reasonably expect it to be used for prosecution, such as evidence collection for a future criminal prosecution.