Evidence Law and Pretrial Motions

<p>FRE 103(e) (C)</p> Signup and view all the answers

<p>To offer proof and record the issue for appeal (A)</p> Signup and view all the answers

<p>The error is prejudicial (D)</p> Signup and view all the answers

<p>It does not significantly affect the trial's outcome (B)</p> Signup and view all the answers

<p>It could lead to an appeal for abuse of discretion (B)</p> Signup and view all the answers

<p>The trial judge (C)</p> Signup and view all the answers

<p>The evidence is deemed inadmissible and not presented to the jury. (D)</p> Signup and view all the answers

<p>Who decides admissibility and how it's determined (C)</p> Signup and view all the answers

<p>Relevant evidence to its weight or credibility (A)</p> Signup and view all the answers

<p>They can reconsider the preliminary fact. (C)</p> Signup and view all the answers

<p>They do not become subject to cross-examination on other issues. (A)</p> Signup and view all the answers

<p>It determines whether the jury hears certain evidence. (C)</p> Signup and view all the answers

<p>It outlines the procedure for determining preliminary facts. (A)</p> Signup and view all the answers

<p>Evidence of the actual events in question (A)</p> Signup and view all the answers

<p>Chain of custody must be established (C)</p> Signup and view all the answers

<p>The photographer can affirm being a witness at the scene (C)</p> Signup and view all the answers

<p>When there is a possibility of alterations (D)</p> Signup and view all the answers

<p>Providing expert testimony on its authenticity (B)</p> Signup and view all the answers

<p>They may be susceptible to alterations (A)</p> Signup and view all the answers

<p>They should have personal prior knowledge (B)</p> Signup and view all the answers

<p>Maintaining a chain of custody until trial (B)</p> Signup and view all the answers

<p>It must be authenticated. (D)</p> Signup and view all the answers

<p>It should be in a condition that raises no suspicion. (A)</p> Signup and view all the answers

<p>The item must be what the proponent claims it is. (C)</p> Signup and view all the answers

<p>They can determine its weight based on authenticity questions. (A)</p> Signup and view all the answers

<p>It demonstrates that a process produces accurate results. (C)</p> Signup and view all the answers

<p>The negatives or a print from the negatives (A)</p> Signup and view all the answers

<p>It requires originals to prove the content of writings, recordings, or photographs (C)</p> Signup and view all the answers

<p>When submitting a summary of what a document contains (B)</p> Signup and view all the answers

<p>To ensure reliability in evidentiary content (B)</p> Signup and view all the answers

<p>It requires the actual document to be shown (B)</p> Signup and view all the answers

<p>A counterpart produced through various processes that accurately reproduces the original (A)</p> Signup and view all the answers

<p>By requiring actual documents instead of descriptions (D)</p> Signup and view all the answers

<p>A photo from the bank's security camera showing the event (D)</p> Signup and view all the answers

<p>If the fact is not reasonably disputed and can be readily determined from credible sources. (C)</p> Signup and view all the answers

<p>To expedite the trial by eliminating the need for formal proof of certain facts. (C)</p> Signup and view all the answers

<p>The exact number of people who attended a public event. (C)</p> Signup and view all the answers

<p>Adjudicative facts relate to the specific events of a case, while legislative facts inform broader legislation. (A)</p> Signup and view all the answers

<p>At any point during the legal proceedings, including appeal. (A)</p> Signup and view all the answers

<p>They have the discretion to accept or reject the fact as conclusive. (D)</p> Signup and view all the answers

<p>To ensure that the party is aware of the judicially noticed fact and its potential impact on the case. (D)</p> Signup and view all the answers

<p>In a civil case, the jury is mandated to accept the fact as true, while in a criminal case, they have the discretion to accept or reject it. (B)</p> Signup and view all the answers

Authentication of ancient documents requires the item to be at least 20 years old, be in a condition that doesn't raise doubts about its authenticity, and be found in a location where such genuine items would likely be kept.

Evidence dealing with a process or system must demonstrate that the process reliably produces accurate outputs.

Evidence is considered authentic when it's properly identified as the genuine item the presenter claims it to be.

Authentication requirements in FRE 901 share similarities with the knowledge requirement in FRE 602, both emphasizing the importance of establishing the credibility and trustworthiness of the evidence before it's considered.

Even after authentication is established, opposing evidence questioning the authenticity of the item is still admissible. This is because the jury ultimately decides the weight of the evidence and can disregard authenticated items if they find them unreliable.

A legal procedure where a party appeals a trial court's decision to a higher court.

A legal process where a party formally objects to the admission of evidence in a trial.

The principle that an error in a trial will only lead to a reversal if it affected the outcome of the case.

A standard of review applied by appellate courts to assess a trial court's decision, where the appellate court gives deference to the trial court's judgment.

A legal rule that allows an appellate court to address an error that was not properly raised at trial, if the error is considered extremely serious and affects a substantial right.

A type of evidence that is not admissible in court because it relies on someone else's statement rather than direct observation.

A rule of evidence that allows a court to exclude relevant evidence if its probative value (how helpful it is) is outweighed by its prejudicial effect (how likely it is to mislead the jury).

A standard of review where an appellate court reviews a trial court's decision anew, as if it were the first time the issue was being decided.

Evidence directly related to the events in question, not just illustrating a witness's testimony.

A process of showing how evidence was safely handled and stored from the time it was collected until it's presented in court.

A single witness can identify unique evidence if they saw it before testifying.

When an item is common, a chain of custody is needed to show it's the actual item seen before, preventing substitution.

Even unique items may need a chain of custody if they're susceptible to undetected alterations.

Photographer who took a crime scene photo can testify not only about its accuracy but also about personally witnessing the scene.

A witness who isn't the photographer can only testify to the photo being a true depiction of the scene, not about personal presence.

A unique item is typically easier to admit as evidence.

The rule requiring original documents, recordings, or photographs to be presented in court to prove their content, unless specific exceptions apply.

A copy created through a reliable process like printing, scanning, or photography, accurately reflecting the original document.

The Best Evidence Rule only applies to proving the content of a writing, photograph, or recording. It doesn't apply to proving other facts, such as the existence of a document or its creation.

The case where the content of a writing, photograph, or recording is the central issue being debated.

When testimony describes the content of a writing, photograph, or recording, instead of presenting the actual document.

The rule applies when you want to use the document's content to prove a fact.

The document must be physically presented unless exceptions to the rule apply.

The Best Evidence Rule focuses on ensuring the most reliable source of information is used, prioritizing the original document over any interpretation or description.

Facts that are not subject to reasonable dispute because they are generally known within the court's territory OR can be readily determined from trustworthy sources.

Facts about the specific event that gave rise to the lawsuit. These are usually proven through evidence, but some can be judicially noticed.

A court may take judicial notice of a fact on its own, or it may take judicial notice if a party requests it.

A party has the right to be heard before a court takes judicial notice, and they can challenge the accuracy of the fact.

In a civil case, a jury MUST accept the judicially noticed fact as conclusive. In a criminal case, the jury MAY or MAY NOT accept it.

Judicial notice is a shortcut for establishing facts that are not disputed. It saves time and energy, and helps ensure a fair and efficient trial.

Examples of these facts include weather records, official publications, historical events, scientific laws.

Judicial notice only applies to adjudicative facts, not legislative facts. Legislative facts help courts interpret laws.

The process of determining whether evidence is allowed to be presented to a jury.

The party introducing the evidence has the burden of proving that the evidence meets the requirements for admissibility.

A preliminary fact is a fact that must be established before other evidence can be admitted.

A judge decides whether a preliminary fact has been proved and whether evidence can be admitted.

The judge decides whether the requirements for admissibility have been met, usually in a hearing outside the presence of the jury.

If the judge decides a preliminary fact has been proved, the evidence is admitted, and then the jury can consider the weight and credibility of the evidence.

The jury may still decide that the evidence is not credible or reliable, even if the judge allowed it in. They make the final decision on its weight.

A party's right to introduce relevant evidence to challenge the weight or credibility of other evidence is not limited by the rules on admissibility.