MT Rules of Evidence Study Guide PDF

Created with AI Notebook - https://ainotebook.app Study Guide Jan 1, 2025 MT Rules of Evidence Study Guide This study guide will help you understand the key rules of evidence in Montana. It's organized based on the relevant rules and includes explanations and examples to aid your comprehension. R...

Created with AI Notebook - https://ainotebook.app Study Guide Jan 1, 2025 MT Rules of Evidence Study Guide This study guide will help you understand the key rules of evidence in Montana. It's organized based on the relevant rules and includes explanations and examples to aid your comprehension. Rule 401: Relevance Definition: Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence. Example: In a car accident case, evidence of a traffic light being red is relevant to prove whether the driver ran a red light. Rule 404(a)(1): Character Evidence - Prohibited Uses Definition: Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. Example: You can't introduce evidence that the defendant has a history of violence to prove they were likely to commit violence in the current case. Rule 404(a)(2) & 404(b)(2): Character Evidence - Permitted Uses Definition: This evidence may be admissible for other purposes, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. Example: Evidence of a defendant's prior theft convictions might be admissible to prove they had the knowledge and intent to commit theft in the current case. Rule 405(a): Character Evidence - Proof by Reputation or Opinion Definition: When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. Example: A witness can testify about the defendant's reputation for honesty or offer their opinion about the defendant's honesty. Rule 405(b): Character Evidence - Proof by Specific Instances of Conduct Definition: When a person's character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person's conduct. AI Notebook 2025 copyright all rights reserved Created with AI Notebook - https://ainotebook.app  Example: In a defamation case, where the defendant claims the plaintiff is a liar, specific instances of the plaintiff's lies might be admitted as evidence. Rule 406: Habit or Routine Practice Definition: Evidence of a person's habit or an organization's routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. Example: Evidence that a doctor always washes their hands before surgery could be admitted to prove that they washed their hands in a specific instance. Rule 602: Personal Knowledge Definition: A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Example: A witness can only testify about events they personally observed, not things they heard about from someone else. Rule 702: Expert Testimony Definition: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. Example: A medical doctor can testify about the cause of a patient's injury. Rule 703: Basis of Expert Testimony Definition: Experts may rely on otherwise inadmissible information if it's the same type of information reasonably relied upon by other experts in the field. The information may be disclosed to the jury if the probative value substantially outweighs the prejudicial effect. Example: A forensic scientist can rely on lab reports from another lab even if those reports are not admissible in court, as long as such reliance is common practice in the field. Rule 704(b): Expert Opinion on Mental State Definition: In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Example: An expert can testify about the defendant's mental state, but cannot offer an opinion on whether the defendant was legally insane at the time of the crime. Rule 801(c): Hearsay AI Notebook 2025 copyright all rights reserved Created with AI Notebook - https://ainotebook.app  Definition: A statement offered in evidence to prove the truth of the matter asserted. Example: If a witness says, "My neighbor told me the defendant was speeding," this is hearsay if the statement is being offered to prove that the defendant was actually speeding. Rule 803(1): Present Sense Impression Definition: A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. Example: A witness says, "I just saw a red car speeding down the street!" immediately after they saw the car. Rule 803(2): Excited Utterance Definition: A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. Example: After a car accident, a passenger says, "The other driver ran the red light!" Rule 803(3): Then Existing Mental, Emotional, or Physical State Definition: A statement of the declarant's then existing state of mind (e.g., motive, intent, or plan) or emotional, sensory, or physical state (e.g., mental feeling, pain, or bodily health). DOESN'T include a statement of memory or belief to prove the memory asserted (unless it relates to the validity or terms of the declarant's will). Example: "I'm going to visit my mother in the hospital tomorrow," is a statement of intent. Key Points Understand the definitions of the rules and how they apply to specific scenarios. Focus on the differences between permitted and prohibited uses of evidence. Familiarize yourself with the exceptions to the hearsay rule. Consider how these rules apply to the various types of evidence, such as character evidence, expert testimony, and hearsay statements. By mastering these rules, you can effectively analyze and understand how evidence is presented and used in legal proceedings. AI Notebook 2025 copyright all rights reserved Created with AI Notebook - https://ainotebook.app