Evidence Law Quiz

Evidence

• Evidence can be tangible (real evidence, demonstrative evidence) or testimonial (statements under oath).
• Testimonial evidence includes statements in court, depositions, and preliminary hearings.
• Evidence can be direct (directly proves the conclusion) or circumstantial (supports the conclusion through circumstances).
• Examples of circumstantial evidence include a confession, eyewitness testimony, or video evidence.
• Another example of circumstantial evidence is running from police (suggesting consciousness of guilt).

Relevance

• FRE Rules 401, 402, and 403 govern relevance.
• FRE 401: Evidence is relevant if:
  • It has any tendency to make a fact more or less probable than it would be without the evidence.
  • The fact is of consequence in determining the action (e.g., material facts, witness credibility, elements of a crime/claim/defense, or damages in civil cases).
• FRE 402: Relevant evidence is admissible unless otherwise prohibited by the US Constitution, federal statute, FRE rules, or Supreme Court rules.
• Irrelevant evidence is inadmissible.
• FRE 403: Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of one or more of the following:
  • Unfair prejudice
  • Confusing the issues
  • Misleading the jury
  • Undue delay
  • Wasting time, or needlessly presenting cumulative evidence.

Exceptions to Admit Evidence Through Relevance

• Propensity as well as CHAMPION and DISVOW (disvow only permitted in criminal cases).
• Habit (routine behavior).
• After (subsequent precautions).
• Medical expenses (evidence of offers to pay not allowed to prove liability).
• Guilty plea (typically not admitted, even if a similar issue).

Insurance

• Evidence of insurance is inadmissible to show negligence or wrongful conduct, but may be admissible for showing agency, ownership, or control.
• Offers to compromise, settle disputes regarding validity or amount are inadmissible.

Sex Offenses

• Victim's other sexual conduct (exceptions in criminal and civil cases).

Limiting Instructions

• If the court admits evidence against a party or for a purpose for one party, but not against another for another purpose, the court must restrict the evidence to scope and instruct the jury accordingly.

Motion in Limine

• A party may make a motion in limine, requesting the court to rule on evidence admissibility before trial.

Authentication

• A party must authenticate any tangible evidence they intend to present.
• FRE Rule 901 provides standards for authenticating or identifying items of evidence, including illustrations as examples, not an exhaustive list.
• Self-authenticated evidence is admissible without additional evidence (e.g., public documents).

Character Evidence

• FRE Rule 404(a)(1): In a criminal case, evidence of a person's character or a trait of their character is inadmissible to prove that on a particular occasion the person acted in accordance with that character or trait (civil cases)
• Exceptions to this in criminal cases are:
  • Defendant can offer evidence of their own pertinent trait; if admitted the prosecutor may offer evidence to rebut it.
  • Defendant can offer evidence of the victim's pertinent trait. The prosecutor may offer evidence to rebut it and/or offer evidence showing the defendant shares the identical traits.
• Special rule on homicide cases- the prosecutor can offer evidence of the victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor, assuming the defense is alleging self defense.

Other Crimes, Wrongs, or Acts (FRE 404(b))

• Prohibited uses: Evidence of a crime, wrong or other act that is not admissible to prove a person's character to show they acted in accordance with their character.
• Permitted uses: Evidence of a crime, wrong or other act may be admissible for another purpose like showing knowledge, intent, plan, preparation, opportunity, motive, identity, absence of mistake, or lack of accident.

Similar Happenings

• No specific rule.
• Evidence that something has happened commonly or never happened can be introduced if there are substantial similarities.
• Similar happenings must show a high likelihood of similar circumstances before introduction is permitted.

Subsequent Remedial Measures (FRE 407):

• Steps taken after an accident to reduce the likelihood of re-occurrence are typically not admissible in court.
• Public policy- prevents deterring people from taking safety precautions.
• An exception exists if the defendant claims the remedial measure was infeasible; the plaintiff can offer evidence they were, instead, feasible

Offers to Pay Medical Expenses (FRE 409)

• Offers to pay expenses resulting from an injury are inadmissible to prove liability for the injury.
• This is policy based on fairness and prevention of coercion of settlement discussions.

Offers in Compromise (FRE 408):

• Offers to settle and actual settlements in a legal dispute (amount or validity) are inadmissible.
• Prevents discourages settlement negotiations.

Judicial Notice

• Acknowledging certain facts without formal proof, these facts cannot be reasonably disputed.
• Examples include dates, time of day and the fact that a specific organization exists.

Authentication (FRE 901)

• Evidence sufficient to support finding that the item is what the proponent claims it is. Self Authentication. Illustrations not an exhaustive list.

Hearsay

• A statement made out of court that is offered to prove the truth of the matter asserted.

• Exceptions are those in which a statement that would normally be considered hearsay is admissible (e.g., dying declaration) or does not fit the definition of hearsay under a specific category like the "Statement by a Party."

Taking Notice

• A court may judicially notice a fact that is not reasonably disputable.
• The fact can be generally known within the relevant jurisdiction, or readily determined from common knowledge sources.

Examination of a Witness (FRE 611)

• A court controls the mode and order of examining witnesses and presenting evidence to ensure procedures are effective
• This includes protecting witnesses from embarrassment or harassment, avoiding wasting time, and ensuring effective proof determination.

Methods of Impeachment

• Impeachment means discrediting a witness's testimony by exposing flaws in the person or testimony content.
• A common method is contradiction.

Character for Dishonesty/Untruthfulness (FRE 608)

• Reputation or Opinion: Use other witnesses to prove a certain character's honest reputation.
• Specific Instances: Limited use of specific prior bad acts that relate to truthfulness for cross-examination; extrinsic evidence is not allowed unless it is a prior conviction

Criminal Convictions (FRE 609)

• Evidence of a prior criminal conviction (punishable by death or more than one year in prison) is admissible to attack the witness's credibility.
• A general rule of exclusion does exist when the crime does not involve dishonesty or criminal intent, and is more than 10 years old

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

• A statement made by a declarant who believes death is imminent and concerning the cause or circumstances of their impending death. Admissible in homicide or civil cases

Excited Utterance (FRE 803(2):

• A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event.

Present Sense Impression (FRE 803(1):

• A statement describing or explaining an event or condition made while, or immediately after, the declarant perceived the event.

Then-Existing Mental, Emotional, or Physical Condition (FRE 803(3):

• A statement concerning the declarant's then-existing state of mind (e.g., intent, plan, emotion, physical condition), but not including a statement of memory or belief.
• This applies to the validity or terms of the statement.

Admissions-Statement by a party (801(d)(2))

• A statement by a party opponent can be used against that party, whether made by an individual or representative in a capacity.

Other exceptions to Hearsay under Federal Rule 803\

Prior Statements of a Witness (FRE 801(d)(1))

• A prior statement made under oath is NOT considered hearsay

Former Testimony (FRE 804(b)(1))

• Former testimony from a witness unavailable in the current proceeding is often considered admissible

Test your knowledge on the rules of evidence with this quiz. Explore questions related to witness statements, admissibility standards, and key rules from the Federal Rules of Evidence. Perfect for law students and legal professionals looking to refresh their understanding of evidence law.