Midlands Rules of Evidence Flashcards

Questions and Answers

What does evidence need to be considered relevant?

It must be physically presented

It has any tendency to make a fact more or less probable (correct)

It cannot be hearsay

It must be presented in court

Relevant evidence can be excluded in situations where its probative value is substantially outweighed by certain dangers.

True

What is the primary purpose of character evidence in a criminal case?

To show a pertinent trait of a defendant or victim.

Which statement about hearsay is true?

Hearsay is a statement made by the declarant while not testifying Signup and view all the answers

What must be established for a witness to testify about a matter?

Personal knowledge of the matter. Signup and view all the answers

An expert witness may provide testimony based on their specialized knowledge if it helps the trier of fact to understand the evidence or determine a ______.

fact in issue Signup and view all the answers

A statement that identifies a person as someone the declarant perceived earlier is considered hearsay.

False Signup and view all the answers

What is the general rule regarding leading questions during direct examination?

Usually not allowed Signup and view all the answers

Match the following terms with their definitions:

Hearsay = A statement made outside of court, not subject to cross-examination. Leading Questions = Questions that suggest their own answers. Expert Witness = A witness qualified by knowledge and experience to give opinion testimony. Relevance = Evidence that makes a fact more or less probable. Signup and view all the answers

What is required to prove the content of voluminous writings in court?

Summary, chart, or calculation to show content. Signup and view all the answers

Study Notes

Relevance (Rule 401)

Evidence is relevant if it makes a fact more or less probable than without it.
The fact must be significant in determining the case's outcome.

Excluding Relevant Evidence (Rule 403)

Relevant evidence may be excluded if its probative value is substantially outweighed by risks of:
- Unfair prejudice
- Confusing the issues
- Misleading the jury
- Undue delay
- Wasting time
- Presenting cumulative evidence unnecessarily

Character Evidence (Rule 404(a))

Generally, character evidence is not admissible to prove behavior on a specific occasion.
Exceptions allow a defendant to introduce evidence of pertinent character traits in criminal cases, allowing rebuttal by the prosecution.
Witness character evidence may be permitted under specific rules governing witnesses.

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

Evidence of past crimes or wrongs is not admissible to imply character but may be used to show:
- Motive
- Opportunity
- Intent
- Preparation
- Plan
- Knowledge
- Identity
- Absence of mistake
Written notice of such intent is required before witness selection.

Need for Personal Knowledge (Rule 602)

Witnesses cannot testify unless there is sufficient evidence proving they have personal knowledge of the matter.
Personal knowledge can include the witness's own testimony.

Witness's Character for Truthfulness (Rule 608)

A witness's credibility can be challenged or supported through reputation or opinion evidence.
Character evidence establishing truthfulness is only admissible after the witness's truthfulness has been attacked.
Notifications are required before introducing character evidence.

Leading Questions (Rule 611)

Leading questions are generally prohibited during direct examination except when necessary to develop testimony.
Allowed on cross-examination and when addressing hostile witnesses.

Constructive Exclusion of Witnesses (Rule 615)

The court must exclude witnesses on a party's request to prevent them from hearing other testimonies.
Excludes witnesses but not:
- A natural person party
- An officer or employee of a non-natural person party designated as a representative

Opinion Testimony by Lay Witness (Rule 701)

Lay witness opinions must be:
- Rationally based on personal perception
- Helpful in understanding testimony or determining an issue
- Not based on specialized knowledge

Testimony by Expert Witnesses (Rule 702)

Expert witnesses can testify based on:
- Their specialized knowledge aiding the jury
- Sufficient facts or data supporting their opinion
- Reliable methods and principles applied to case facts

Bases of an Expert's Testimony (Rule 703)

Experts can base opinions on facts they are aware of or have observed.
Excluded facts may be disclosed if their probative value exceeds their prejudicial effect.

Opinion on an Ultimate Issue (Rule 704)

Expert opinions are not automatically objectionable, even if they address an ultimate issue.
In criminal cases, experts cannot opine on the defendant’s mental state relevant to charges or defenses.

Disclosing Underlying Facts (Rule 705)

Experts may provide opinions and reasons without detailing underlying facts first.
Facts may be required during cross-examination.

Hearsay Definition (Rule 801(c))

Hearsay is a statement made outside the current trial offered to prove the truth of the matter asserted.

Statements That Are Not Hearsay (Rule 801(d)(1))

Prior inconsistent statements from a witness that meet specific conditions are not hearsay.
Statements can be used to support or rebut charges of fabrication.

Opposing Party's Statement (Rule 801(d)(2))

Statements by an opposing party can be offered against them if made in their individual or representative capacity.

Present Sense Impression (Rule 803(1))

Statements made while or immediately after perceiving an event are admissible as evidence.

Excited Utterance (Rule 803(2))

Statements made regarding a startling event while under the influence of excitement caused by the event are admissible.

Then-Existing Condition (Rule 803(3))

Statements reflecting the declarant’s current mental, emotional, or physical state, excluding memory or belief, are admissible under specific conditions.

Hearsay Within Hearsay (Rule 805)

Hearsay within hearsay is admissible if each component independently conforms to an exception to the hearsay rule.

Authenticating Evidence (Rule 901)

Evidence must be authenticated to the extent that a reasonable juror could find it to be what it purports to be.

Requirement of the Original (Best Evidence) (Rule 1002)

An original document is typically required to prove its content unless specified otherwise.

Summary to Prove Content (Rule 1006)

Summaries, charts, or calculations can be used to prove content from voluminous materials.
Originals or duplicates must be available for inspection by other parties.

Description

Test your knowledge of the Midlands Rules of Evidence with these flashcards. Each card contains key definitions and principles that are crucial for understanding relevance in legal contexts. Perfect for law students or anyone interested in legal procedures.