Admissibility of Evidence Quiz
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Questions and Answers

Under which circumstances can relevant evidence be deemed inadmissible according to FRE?

  • If it is substantially outweighed by unfair prejudice (correct)
  • If it is deemed irrelevant to the case
  • If it is not related to the facts of the case
  • If the witness cannot recall the evidence

What is the purpose of FRE 105 regarding jury instructions?

  • To limit the jury's consideration of evidence to specific purposes (correct)
  • To allow any evidence to be presented at trial
  • To ensure that all evidence presented is equally weighted
  • To provide overarching authority on all admissible evidence

Which statement is true about the Confrontation Clause in relation to hearsay?

  • It allows hearsay evidence to be presented without restrictions
  • It requires hearsay to be corroborated by a witness
  • It serves as a final verification before applying hearsay exceptions (correct)
  • It eliminates all hearsay exceptions

Which of the following statements qualifies as a non-hearsay exemption under FRE 801(D)?

<p>A prior inconsistent statement given under the penalty of perjury (B)</p> Signup and view all the answers

What does a prior consistent statement serve to rebut according to FRE 801(D)?

<p>Claims of recent fabrication or improper motive (A)</p> Signup and view all the answers

What is a key requirement for lay witness opinion testimony under FRE 701?

<p>It should be rationally based on the witness’s perception. (D)</p> Signup and view all the answers

Under FRE 702, which of the following is NOT a requirement for expert witness testimony?

<p>The expert must be previously known to the jury. (D)</p> Signup and view all the answers

Which of the following statements is true regarding the Daubert Rule?

<p>It requires a basis upon which the expert's testimony is grounded. (B)</p> Signup and view all the answers

What is an exception under FRE 704 regarding expert opinions in criminal cases?

<p>Experts cannot express opinions on the defendant's mental state. (C)</p> Signup and view all the answers

Which principle governs the evaluation of expert testimony reliability under the Daubert Rule?

<p>Specific established scientific principles and methods. (D)</p> Signup and view all the answers

Under FRE 701, which factor is necessary for an opinion to be deemed helpful?

<p>It should clarify witness understanding or fact determination. (D)</p> Signup and view all the answers

What is the primary purpose of Rule 410 regarding statements made during plea negotiations?

<p>To prevent the introduction of statements made during plea discussions. (C)</p> Signup and view all the answers

What does FRE 702 NOT apply to when determining expert testimony?

<p>Principles applicable in other jurisdictions. (B)</p> Signup and view all the answers

When is opinion testimony made by lay witnesses inadmissible under FRE 701?

<p>When it requires scientific evaluation. (B)</p> Signup and view all the answers

Under what circumstances can statements made during plea negotiations be admissible in court?

<p>If they are used in cases of perjury or false statements. (B)</p> Signup and view all the answers

What does FRE 409 state about offers to pay medical expenses?

<p>They are not admissible to prove liability for the injury. (B)</p> Signup and view all the answers

What type of evidence does FRE 411 address?

<p>Evidence of a person's insurance status. (B)</p> Signup and view all the answers

Which of the following is true according to FRE 601 about witness competency?

<p>Every person is considered competent to be a witness unless stated otherwise. (C)</p> Signup and view all the answers

What does FRE 602 require for a witness to testify?

<p>The witness must demonstrate personal knowledge of the matter. (C)</p> Signup and view all the answers

Why is personal knowledge important for a witness according to FRE 602?

<p>It serves as a foundation to avoid hearsay. (C)</p> Signup and view all the answers

What aspect does FRE 410 NOT protect?

<p>Statements made under oath. (D)</p> Signup and view all the answers

What is the significance of wrongful causation of a declarant's unavailability?

<p>It prevents the party from benefiting from their misconduct. (C)</p> Signup and view all the answers

In what situation is the confrontation clause satisfied?

<p>The witness testifies at trial. (D)</p> Signup and view all the answers

What must a proponent do to authenticate an item of evidence under FRE 901?

<p>Produce sufficient evidence to support the claim that the item is what it is said to be. (C)</p> Signup and view all the answers

Which type of statement generally does NOT violate the confrontation clause?

<p>Statements made during a 911 emergency call. (B)</p> Signup and view all the answers

What does the Best Evidence Rule require?

<p>To show the original document if it is available. (C)</p> Signup and view all the answers

When is a statement considered testimonial?

<p>When it is intended to be used in a court of law. (D)</p> Signup and view all the answers

What type of relationship allows a declarant’s statement about a fact to be deemed accurate?

<p>A relationship by blood, adoption, or marriage. (B)</p> Signup and view all the answers

Which of the following statements would most likely offend the confrontation clause?

<p>A witness who provides a written statement without appearing in court. (D)</p> Signup and view all the answers

What must a witness do before providing testimony?

<p>Give an oath or affirmation to testify truthfully. (D)</p> Signup and view all the answers

What is one of the primary reasons for the court to exercise control over the examination of witnesses?

<p>To protect witnesses from harassment or undue embarrassment. (D)</p> Signup and view all the answers

Under which circumstance may leading questions be permitted during direct examination?

<p>When necessary to develop the witness’s testimony. (D)</p> Signup and view all the answers

What is the primary purpose of cross-examination?

<p>To challenge the credibility of the witness. (A)</p> Signup and view all the answers

When may a party object to the court calling or examining a witness?

<p>At the time the witness is called or examined or at the next opportunity when the jury is not present. (A)</p> Signup and view all the answers

Under what condition can crimes over 10 years be admitted as evidence?

<p>If they are considered highly probative of the witness (A)</p> Signup and view all the answers

Who may the court exclude from the courtroom under the rule of excluding witnesses?

<p>Non-essential witnesses as per party request. (B)</p> Signup and view all the answers

What is one limitation placed on the scope of cross-examination?

<p>It can only address the subject matter of the direct examination. (A)</p> Signup and view all the answers

What is required of the prosecution before using a prior crime for impeachment in criminal cases?

<p>Notice must be given at least 10 days before trial (D)</p> Signup and view all the answers

Which of the following individuals may not be excluded from the courtroom under witness exclusion rules?

<p>An officer of a corporation. (A), A party who is a natural person. (C)</p> Signup and view all the answers

In civil cases, when can a victim's prior sexual behavior be admitted as evidence?

<p>If it is directly related to the issue of consent (B)</p> Signup and view all the answers

What is the main focus of FRE 613 regarding prior inconsistent statements?

<p>To allow extrinsic evidence of prior inconsistent statements (C)</p> Signup and view all the answers

What does FRE 410 say about statements made during plea negotiations in criminal cases?

<p>These statements are not admissible in subsequent trials (B)</p> Signup and view all the answers

Which of the following describes the competency to testify according to FRE 601?

<p>Everyone is presumed competent unless a statute states otherwise (B)</p> Signup and view all the answers

What is true regarding the introduction of prior inconsistent statements according to FRE 613(a)?

<p>Opposing parties must be informed of statements beforehand (D)</p> Signup and view all the answers

Under FRE 412, when is prior sexual history of the victim permissible in criminal cases?

<p>Prior sexual history is never permissible (A)</p> Signup and view all the answers

Flashcards

FRE 402

Relevant evidence is admissible unless specifically excluded by a FRE rule.

FRE 403: Balancing Test

This test weighs the probative value of evidence against its potential negative effects (like unfair prejudice).

FRE 105: Jury Instructions

Limits the jury's consideration of evidence to its intended purpose, reducing the risk of prejudice.

Hearsay

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

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Confrontation Clause: Last Step

Before applying a hearsay exception/exemption, ensure the Confrontation Clause is satisfied.

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FRE 609(b): Crimes over 10 years

Generally not admissible unless highly probative of witness's credibility and the prosecution gives 10 days' notice before trial.

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FRE 613(a): Prior Statements

A party can question a witness about prior inconsistent statements for impeachment purposes. The opposing party must be notified and given a record of the statement.

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FRE 613(b): Inconsistent Prior Statements

A party can introduce extrinsic evidence of a prior inconsistent statement, even if not immediately raised.

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FRE 412: Victim's Sexual History

In criminal cases, evidence of a victim's sexual behavior is generally inadmissible to protect them. In civil cases, it's admissible only if directly related to consent.

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FRE 413: Similar Sexual Assault Crimes

In criminal cases, evidence of a defendant's prior sexual assault crimes is admissible. In civil cases, use FRE 404.

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FRE 410: Plea

Statements made during plea negotiations are inadmissible in subsequent criminal trials but are admissible in civil cases.

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FRE 601: Competency

Everyone is presumed competent to testify unless a statute says otherwise. Mental/moral competency relates to the weight of testimony, not admissibility.

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Civil Cases vs. Criminal Cases

Rules of evidence differ between civil and criminal cases. In civil cases, evidence related to dishonesty or fraud is admissible. In criminal cases, prior convictions can be used to impeach credibility if relevant.

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Lay Witness Testimony

Testimony based on a witness's personal perception, helpful to understand the case, and not based on specialized knowledge.

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Expert Witness Testimony

Testimony from a qualified expert, based on scientific, technical, or specialized knowledge, that helps the jury understand evidence.

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Frye Test

Older standard for admitting expert testimony, requiring the scientific method used to be generally accepted by the scientific community.

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Daubert Rule

Current standard for admitting expert testimony, requiring the testimony to be helpful, based on sufficient facts and reliable methods. Used as a screening process.

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Opinion on Ultimate Issue

Expert testimony is generally allowed even if it relates to the central issue of the case, except when stating the defendant's mental state in a criminal case.

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Expert Witness Qualifications

Experts must have qualifications based on knowledge, skill, experience, training, or education, usually established before trial to be recognized by the court.

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Reliable Principles and Methods

Expert testimony must be based on reliable scientific or technical principles and methods applied correctly to the case facts.

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Sufficient Facts or Data

Expert testimony must be based on sufficient facts and data to support the opinion.

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Witness Oath

Before testifying, a witness must take an oath or affirmation to tell the truth. This oath is designed to impress upon the witness the seriousness of their duty to be truthful.

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Control over Examination

The court has the power to control how witnesses are examined to ensure the process is fair and efficient, protect witnesses from harassment, and avoid wasting time.

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Scope of Cross-Examination

Cross-examination is limited to the topics discussed during direct examination and matters affecting a witness's credibility. The judge may allow wider questioning.

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Leading Questions on Direct

Leading questions are generally not allowed during direct examination, as they can suggest answers to the witness. They are allowed in specific situations like cross-examination or when the witness is hostile.

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Court Calling Witnesses

The judge can call a witness to testify on their own or at the request of a party. The judge can also examine a witness regardless of who called them.

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Excluding Witnesses from Courtroom

Upon request, the court can exclude witnesses from the courtroom to prevent them from hearing other witness testimony.

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Exceptions to Witness Exclusion

Certain individuals are exempt from the rule of witness exclusion, such as: parties, their designated representatives, essential persons for presenting evidence, and those authorized by law.

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What is the purpose of witness exclusion rule?

The rule helps to ensure the fairness and integrity of trial proceedings by preventing witnesses from tailoring their testimony based on what others have said.

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No Contest Plea

A plea where the defendant doesn't admit guilt but accepts punishment. It's essentially a 'no contest' to the charges.

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Plea Discussions

Conversations between a defendant and the prosecutor to try and settle a case without trial. This includes potential plea bargains.

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Rule 410

This rule protects statements made during plea discussions from being used against the defendant in court, unless certain exceptions apply.

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Personal Knowledge Foundation

This is the process of demonstrating that a witness actually possesses personal knowledge about the events they are testifying about.

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Hearsay Exception: Statement Against Interest

An exception to the hearsay rule allowing statements against a declarant's own interest, even if they are not present to testify, to be admitted as evidence. This applies to statements that could have exposed the declarant to civil or criminal liability, or that could have rendered a claim invalid.

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Hearsay Exception: Personal or Family History

An exception allowing statements about personal or family history, even if the declarant lacked direct knowledge, to be admitted as evidence if they were related to the person or intimately associated with their family and the information is likely accurate.

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Hearsay Exception: Wrongfully Caused Declarant Unavailability

When a party's misconduct caused a declarant to be unavailable as a witness, the party cannot prevent the introduction of the declarant's prior statement as evidence.

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Confrontation Clause

The Sixth Amendment right of a criminal defendant to confront and cross-examine witnesses against them in court.

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Testimonial Statements

Statements made with the primary purpose of creating a record for future use in a criminal prosecution. These statements generally violate the Confrontation Clause unless the declarant is available for cross-examination.

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Non-Testimonial Statements

Statements made for a purpose other than creating a record for future prosecution, like seeking immediate help. These statements generally do not violate the Confrontation Clause.

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Authentication of Evidence

The process of proving that a piece of evidence is what it is claimed to be. This involves presenting sufficient evidence to support a finding that the evidence is genuine.

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Best Evidence Rule

A rule requiring the original document to be presented as evidence, rather than a copy or description, whenever feasible.

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Study Notes

Admissibility of Evidence

  • Evidence admissibility hinges on relevance
  • Propensity evidence (prior actions) increases likelihood of future similar actions
  • Evidence admissibility depends on its categorization (relevance, testimonial, tangible)

Relevance

  • Logical relevance, legal relevance, exclusions for prior bad acts, character evidence
  • Materiality: evidence is of consequence in the case (witness credibility, elements of crime, damages)
  • Irrelevant evidence—not admissible under FRE 402

Testimonial Evidence

  • Impeachment, opinion testimony, testimonial privileges
  • Assertive conduct (nodding, raising hands)
  • Non-assertive conduct (taking off a sweater)

Tangible Evidence

  • Authentication, best evidence rule
  • Requirements, nonhearsay exceptions, constitutional limitations (FRE 401)

Hearsay

  • Out-of-court statements used to prove the truth of the matter asserted
  • Exceptions include present sense impressions, excited utterances, statements of personal or family history, prior inconsistent statements, statements against interest, statements of opinion for medical treatment

Character Evidence (FRE 404)

  • Inadmissible in most cases, except when character is an essential element of a claim or defense
  • Specific instances generally inadmissible unless for non-propensity purposes (motive, intent, etc.)
  • Must be raised immediately

Similar Crimes (FRE 413-415)

  • Admissible in cases involving similar sexual assaults or child molestations
  • Requirements for admissibility in civil or criminal cases

Prior Inconsistent Statements (FRE 613)

  • Can be used for impeachment purposes
  • Witness must be given opportunity to explain or deny statement

Prior Statements (FRE 602)

  • Witness must have personal knowledge of matter to testify

Witnesses Competency (FRE 601)

  • Generally, everyone is competent to testify, unless statute otherwise states
  • Jurors cannot testify about deliberations during trial

Need for Personal Knowledge (FRE 602)

  • A witness must have personal knowledge about matters they testify to

Oath or Affirmation (FRE 603)

  • Witnesses must take an oath or make an affirmation to testify truthfully

Mode and Order of Presenting Evidence (FRE 611)

  • Court controls examination of witnesses, preventing harassment/undue embarrassment

Competency to Testify in General (FRE 601)

Excluding Relevant Evidence (FRE 403), and Balancing Test

  • Court may exclude relevant evidence if its probative value is substantially outweighed by other considerations.

Plea Bargain Discussions (FRE 410)

  • Evidence of plea discussions inadmissible in subsequent civil or criminal proceedings
  • Exceptions: If another plea statement admitted, or in perjury prosecutions

Burden of Proof

  • Pleadings, production, persuasion/persuading a jury
  • Need for evidence to prove an argument

Presumptions

  • May shift burden of production to opposing party
  • Examples: Mailed letter presumption, bursting the bubble presumption

Authentication (FRE 901)

  • Establishing evidence as genuine

Cases

  • Zenni Case, Crawford, Ohio v. Clark, Lyons partnership, Bruton.

###Other

  • Similar crimes or prior bad acts admissibility

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Evidence Rules PDF

Description

Test your understanding of the rules governing the admissibility of evidence in court. This quiz covers topics such as relevance, testimonial evidence, tangible evidence, and hearsay exceptions. Challenge yourself and see how well you grasp the principles of evidence law.

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