Admissibility of Evidence Quiz

Admissibility of Evidence

• To determine if evidence is admissible, first determine if it is relevant.
• Propensity evidence (prior actions) suggests likelihood of similar actions in the present.
• Evidence falls into one of these categories: relevance, testimonial, or tangible.

Relevance

• Logical relevance pertains to relationship with the issue.
• Legal relevance satisfies the limitations set by the rules of evidence, excluding evidence pertaining to character, prejudice, and prior incidents.

Testimonial Evidence

• Includes impeachment, opinion, and privilege.
• Testimonial evidence consists of: assertive and non-assertive conduct. Assertive conduct includes nodding, raising hands, pointing, etc. Non-assertive would be taking off a sweater.

Tangible Evidence

• Needs authentication and best evidence.
• Considerations include authentication, best evidence, and rule exceptions.

Hearsay

• Out-of-court statements offered to prove the truth of the matter asserted.
• Exceptions and exemptions when offered by the opposite party. This includes prior consistent/inconsistent statements, prior identification, and statement against interest.

Character Evidence

• Specifically, for propensity purposes, instances of specific conduct are generally inadmissible unless being brought in under 404(b).
• Applicable rule, civil vs. criminal, and specific instance against character trait.
• There are exceptions in criminal and civil cases with specific circumstances and requirements.

Criminal Cases

• When there is no propensity, evidence must be for motive, intent, identity, etc.
• When there is propensity, the defendant opened the door, so there should be an examination of testimony given to the court
• Specific instances of conduct are inadmissible unless for non-propensity purposes such as motive, intent, identification or other important details.

Civil Cases

• Character evidence is inadmissible unless essential to the claim or defense.
• Character evidence may be admitted when it's an essential element of a claim or defense, or if a claim for relief is based on the defendant’s alleged sexual assault or child molestation.

Other Relevant Rules

• FRE 601: Competency to testify; generally, everyone is presumed to be a competent witness.
• FRE 602: Personal knowledge; a witness must have personal knowledge of the facts they are testifying about.
• FRE 603: Oath or affirmation; witnesses must take an oath or affirmation to testify truthfully.
• FRE 604: Interpreters; interpreters must take an oath before interpreting.
• FRE 605: Judge's Competency; judges may not testify as witnesses in a trial.
• FRE 606: Juror's Competency; jurors may not testify about their deliberations or other discussions about the case.
• FRE 607: Who may impeach a witness; any party may attack the witness's credibility.
• FRE 611: Mode and order of examining witnesses; courts regulate the questioning of witnesses.
• FRE 613: Prior inconsistent statements; a witness can be questioned about prior inconsistent statements for purposes of impeachment.
• FRE 614: Court's calling or examining a witness; courts can call witnesses or question them, and specific rules about objections applies.
• FRE 615: Excluding witnesses; witnesses can be excluded from the courtroom to prevent hearing other witness's testimony.
• FRE 701: Lay witness opinions; lay witnesses can give opinions only if rationally based on perception and helpful to understanding the facts.
• FRE 702: Expert witness testimony; expert witness testimony should be helpful to understanding the facts and based on reliable principles and methods.
• FRE 704: Opinion on ultimate issue; the opinion is not objectionable just because it embraces an ultimate issue.
• FRE 401-404: These rules govern relevance and character evidence in general, and have specific details related to criminal/civil trial and examples.

Test your understanding of the admissibility of evidence in legal contexts. This quiz covers key concepts such as relevance, testimonial evidence, tangible evidence, and hearsay rules. Challenge yourself and ensure you grasp the essential principles governing evidence in court.