Evidence: Key Concepts and Rules

These flashcards cover key concepts and rules related to evidence, including various types of evidence, admissibility standards, and specific evidentiary rules.

Judicial Admissions

Parties admit to something during pleadings or trial, and the admission is treated as binding.

Stipulations

Agreements between two parties not to contest the existence of a fact.

Preclusive Prior Fact Determinations

A factual issue deemed conclusively decided in another proceeding that cannot be relitigated.

Judicial Noticing (FRE 201)

Judge instructs the jury that a fact exists; such facts are binding if not reasonably disputable.

When can a Court Take Notice?

A court can take notice on its own or must if a party requests and has the necessary information.

Relevant Evidence (FRE 401)

Evidence is relevant if it tends to make a fact more or less probable and is of consequence in determining the action.

Admissible Evidence (FRE 402)

Evidence is admissible unless prohibited by the Constitution, federal statute, FRE, or rules prescribed by SCOTUS.

Exclusion of Evidence (FRE 403)

The court may exclude relevant evidence if its probative value is substantially outweighed by dangers such as unfair prejudice.

Character Evidence (FRE 404(a)(1))

Generally inadmissible to prove propensity, but may be admitted when character is directly in issue.

Self-Authenticating Evidence (FRE 902)

Certain evidence is self-authenticating and requires no extrinsic proof of authenticity.

Lay Witness Testimony (FRE 601)

Every person is competent to testify unless otherwise provided; state law governs competency in civil cases.

Impeachment: Prior Inconsistent Statement (FRE 613)

A witness may be impeached with a prior inconsistent statement; extrinsic evidence is allowed after explanation.

Hearsay Definition (FRE 801(a))

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

Present Sense Impression (FRE 803(1))

A statement made while or immediately after perceiving an event; requires personal knowledge.

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

A statement about the cause or circumstances of death made by a declarant who believes death is imminent.