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</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</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.</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.</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.</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.</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.</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.</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.</p> Signup and view all the answers

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

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

    What type of evidence does FRE 411 address?

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

    What aspect does FRE 410 NOT protect?

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

    In what situation is the confrontation clause satisfied?

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

    What does the Best Evidence Rule require?

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

    What must a witness do before providing testimony?

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

    What is the primary purpose of cross-examination?

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

    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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    Related Documents

    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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