Erstellt von Abbi Van Hook
vor fast 8 Jahre
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According to Rule 101, FRE is applicable to what courts?
TRUE or FALSE: Under Rule 1101, FRE applies to most court procedures (crim, civil, tax), including pre-trail and priliminary determinations.
What does FRE 103 address?
Under FRE 105, the judge can give what kind of instructions?
What is FRE 401?
What are four things that are important tot remember in regards to relevance under 401?
What does FRE 402 say about the admissibility of ev?
TRUE or FALSE: FRE 403 does not give judges discretion to exclude evidence.
Under FRE 403, what are some of the things to consider when determinign the probative value v. unfair prejudice?
What does FRE 104 deal with?
What does FRE 104.A state?
What does FRE 104.B do?
Rule 601 sets what standard for a witness?
TRUE or FALSE: Presiding judge cannot testify as witness at trial.
How are jurors limited when it comes to testifying?
A witness must be competent, and must also have WHAT under FRE 602?
What testimony is excluded from teh personal knowledge requirement in FRE 602?
TRUE or FALSE: Under 603, a witness does not need to give oath or affirmation to testify truthfully.
What does FRE 604 require of interpreters?
What does FRE 611 do?
What does FRE 614 allow the court to do?
TRUE or FALSE: FRE 615 addresses teh court excluding witnesses from the courtroom.
What rule guides refreshing a witness's memory with writing?
According to FRE 607, who can attack credibility?
When using FRE 607, what are the common attacks?
TRUE or FALSE: Under 610, you can;t use a witness's religious belief to attack credibility.
What rule does combination of 403 and 611 create?
Under 613, what is the procedure for usign prior statements?
Under FRE 404, what are the general prohibitions for character ev.?
FRE 608 is an exception to 404. What does it state?
What does FRE 609 do? (Hint: this is an exception to 404 and the extrinsic evidence rule in 608)
Under FRE 608, what are the rules regarding convictions more than 10 years ago?
When are convictions not admissible under 609?
What does 609 say about juvenile convictions?
TRUE or FALSE: Under 609, all admissible convictions allowed in even if appeal is pending.
Define the Rape Shield Law under 412.
Under the Rape Shield Law, what are the three ways that sexual acts or reputation are allowed in criminal cases?
Under the Rape Shield Law, what are the two ways sexual acts or reputation are allowed in civil cases?
What rule do 413/414 create regarding similar sexual assault/child molestation cases?
Explain FRE 415.
What dose FRE 404(a)(2) do in Criminal Cases?
Explain 404(b).
In 404B, what are the 9 "other purposes" that ev. will be admissible to prove other purposes?
Under FRE 405, what are the methods of proving character when allowed?
What does FRE 406 say about Habit evidence?
FRE 901 requires what?
Under 901(b), what ways can evidence be authenticated?
What and where is self-authenticating evidence?
TRUE or FALSE: FRE 903 states that a subscribing witness (signs doc to show they saw doc execution) only needed if required by jurisdiction governing validity of document.
What does FRE 106 say about completeness of wiriting/recorded statements?
What are the concerns surrounding Hearsay?
Define hearsay.
TRUE or FALSE: FRE 802 explains the hearsay exceptions.
Generally for Hearsay, there are _______ exceptions that fall into ________ categories.
What are the 4 categories that hearsay exceptions fall into?
What is the general process for using a hearsay exception?
FRE 805 states, "Each part of combined statement must be admissible under an exception." What is this referring to?
Under FRE 801, if the declarant testifies and is subject to CX, prior witness statements are not hearsay if:
Under 803(1), what falls under the Present Sense Impression Exception?
Define Excited Utterance under 803(2).
Under 803(3) what is the Then Existing g State of Mind exception?
What does Hillmon tell you about 803(3) say about future plans?
What is the Medical Treatment hearsay exception under 803(4)?
How does 803(5), Recorded Recollection exception work?
What are the requirements for the Business Records hearsay exception under FRE 803(6)?
In regards to FRE 803(b), Businesss Records exception, what is the outsider seller exception?
Under FRE 803(8), what is the Public Records exception?
What are the 804 exceptions?
Under 804(a), what are the five ways a declarant can be determined to be unavailable?
Under 804.b.1, how do you use former testimony exception?
Under 804.b.1 and the former testimony exception, what does it mean to have had "opportunity" and "similar motive"?
The Dying Declaration exception is what???
How does 804.b.3, the Statement Against Interest exception work?
What is the rule for Forfeiture under 804.b.6?
Under 801.d.2, how do Statement Against Opposing Party (party opponents) work?
Under 801.D.2, how do Statements Aainst Opposing Party (w/multiple parties) Work?
Explain how Bruton and Harwood work.
Explain 801.d.2.E, Statements against co-conspirators.
TRUE or FALSE: FRE 807 is the residual exception which states that hearsay statements aren't excluded if: 1) has equivalent circumstantial guarantees of trustworthiness, 2) offered as evidence of material fact, 3) more probative/effective than any other ev. that can be obtained thorugh reasonable efforts, 4) admitting it serves interest of justice.
What does FRE 806 address?
What is up with Crawford v. Washington?
TRUE or FALSE: Out of court statments must satisfy hearsay & FRE 403.
What is the rule found in Crawford?
In terms of Crawford and the CC, what does "testimonial" mean?
TRUE or FALSE: "Unavailable" under Crawford and the CC, has different requirements than FRE 804.a.
For the Confrontation Clause, what does "prior opportunity to cross" mean?
What Rules guide expert opinions?
What does FRE 701address?
What does FRE 702 say about expert witnesses?
What's up with this Daubert and Frye?
TRUE or FALSE: An expert may base opinion on facts/data in case expert has been made aware of or personally observed
What is the Expert Opinion Structure found under FRE 705?
What and where is the rule guiding the scope of expert opinion found?
What kind of facts can be Judicially Noticed under FRE 201: Judicial Notice of Adjudicative Facts?
TRUE or FALSE: FRE 407, ev. o subsequent remedial measures is not admissible to prove: 1) negligence, 2) culpable conduct, 3) a defect ina product or its design; or 3) a need for a warning or instruction.
What does FRE 408 address?
TRUE or FALSE: Under FRE 409, offers to pay medical and similar expenses are not admissible to prove bias.