16381164
Description
Flashcards by Amy Hartzell, updated more than 1 year ago
|
Created by Amy Hartzell
almost 6 years ago
|
|
| Question | Answer |
| 106 | "Rule of Completeness" If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part... that in fairness ought to be considered at the same time. |
| 401 | Test for Relevant Evidence Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence... |
| 403 | "More prejudicial than probative" Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons |
| 404 | Character Evidence; Crimes or Other Acts (generally governs propensity evidence) |
| 404(a)(1) | "Propensity" 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. |
| 404(b)(I) | "Propensity" Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character. |
| 404(b)(2) | [Evidence of a crime, wrong, or other act] may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. |
| 406 | Habit; Routine Practice 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. |
| 608 | A Witness's Character for Truthfulness or Untruthfulness (generally governs character for truthfulness) |
| 608(a) | Reputation or Opinion Evidence Credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of opinion about that character. |
| 701 | Opinion Testimony By a Lay Witness (generally controls lay opinions) |
| 701(a) | If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perceptions. |
| 702 | Testimony by Expert Witnesses (generally governs experts) |
| 702(a) | A witness who is qualified as an expert... may testify in the form of an opinion... if: (a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue. |
| 702(b) | A witness who is qualified as an expert... may testify in the form of an opinion... if: (b) the testimony is based on sufficient facts or data |
| 702(c) | A witness who is qualified as an expert... may testify in the form of an opinion... if: (c) the testimony is the product of reliable principles and methods; and |
| 702(d) | A witness who is qualified as an expert... may testify in the form of an opinion... if: (d) the expert has reliably applied the principles and methods to the facts of the case. |
| 703 | If experts in the particular field would reasonably rely on those kinds of facts or data ... they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them ... only if their probative value substantially outweighs their prejudicial effect. |
| 704(a) | Opinion on an Ultimate Issue An opinion is not objectionable just because it embraces an ultimate issue. |
| 705 | Unless the court orders otherwise, an expert may state an opinion... without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination. |
| 801 | Definitions That Apply to This Article; Exclusions from Hearsay (generally defines hearsay) |
| 801(d) | Statements That Are Not Hearsay |
| 801(d)(1) | A statement that meets the following conditions is not hearsay: (1) The declarant testifies and is subject to cross-examination about a prior statement and the statement (A) is inconsistent with the declarant's testimony... |
| 801(d)(2) | "Party Opponent Exclusion" A statement that meets the following conditions is not hearsay: (2) An Opposing Party's Statement. |
| 801(d)(2)(A) | A statement that meets the following conditions is not hearsay: (2) The statement is offered against an opposing party, and: (A) was made by the party in an individual or representative capacity |
| 801(d)(2)(B) | A statement that meets the following conditions is not hearsay: (2) The statement is offered against an opposing party, and: (B) is one the party manifested that it adopted or believed to be true |
| 801(d)(2)(C) | A statement that meets the following conditions is not hearsay: (2) The statement is offered against an opposing party, and: (C) was made by a person whom the party authorized to make a statement on the subject; |
| 801(d)(2)(D) | A statement that meets the following conditions is not hearsay: (2) The statement is offered against an opposing party, and: (D) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed |
| 803 | Exceptions to the Rule Against Hearsay (all the hearsay exceptions) |
| 803(1) | The following are not excluded by the rule against hearsay... : (1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. |
| 803(2) | The following are not excluded by the rule against hearsay... : (2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. |
| 803(3) | The following are not excluded by the rule against hearsay... : (3) Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant's then-existing state of mind ... or emotional, sensory, or physical condition ... but not a statement of memory or belief... |
| 803(6) | The following are not excluded by the rule against hearsay... : (6) Records of a Regularly Conducted Activity... |
| 803(8) | The following are not excluded by the rule against hearsay... : (8) Public Records... |
| 804 | Exceptions to the Rule Against Hearsay - When the Declarant is Unavailable as a Witness (generally - unavailable witness hearsay) |
| 804(a)(4) | Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant: (4) cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness |
| 804(a)(5) | Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant: (5) is absent from the trial or hearing and the statement's proponent has not been able, by process or other reasonable means, to procure (A) the declarant's attendance |
| 804(b)(1) | The Exceptions. The following are not excluded by the rule against hearsay if the declarant is unavailable as a witness: (1) Former testimony. Testimony that: (A) was given as a witness at a trial... (B) is now offered against a party who had... an opportunity ... to develop it |
| 804(b)(3) | (3) Statement Against Interest. (A) a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it...had so great a tendency ... to expose the declarant to civil or criminal liability; and (B) is supported by corroborating circumstances... |
| 805 | Hearsay Within Hearsay Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule. |
| 806 | Attacking and Supporting The Declarant's Credibility When a hearsay statement... has been admitted into evidence, the declarant's credibility may be attacked ... by any evidence that would be admissible for those purposes if the declarant had testified as a witness. |
| 901 | Authenticating or Identifying Evidence (generally, authentication) |
| 901(a) | (a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. |
| 901(b)(1) | (b) Examples. The following are examples... of evidence that satisfies the requirement [of 901(a)] (1) Testimony of a Witness With Knowledge. Testimony that an item is what it is claimed to be. |
| 901(b)(2) | (b) Examples. The following are examples... of evidence that satisfies the requirement [of 901(a)] (2) Nonexpert Opinion About Handwriting. A non-expert's opinion that handwriting is genuine, based on familiarity with it that was not acquired for the current litigation. |
| 901(b)(4) | (b) Examples. The following are examples... of evidence that satisfies the requirement [of 901(a)] (4) Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item... |
| 901(b)(5) | (b) Examples. The following are examples... of evidence that satisfies the requirement [of 901(a)] (5) Opinion About a Voice. An opinion identifying a voice based on hearing the voice at any time under circumstances that connect it with the alleged speaker. |
| 902 | Evidence That Is Self-Authenticating The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted |
| 902(8) | The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted: (8) Acknowledged Documents. A document accompanied by a certificate of acknowledgment that is lawfully executed by a notary public or another authorized officer |
| 902(11) | The following items of evidence are self-authenticating (11) Certified Domestic Records of a Regularly Conducted Activity. The original or a copy of a domestic records that meets the requirements of 803(6), as shown by a certification of the custodian... |
| 1002 | "Best Evidence" Requirement of the Original. An original writing, recording, or photograph is required in order to prove its content unless these rules or a Midlands statue provide otherwise. |
Want to create your own Flashcards for free with GoConqr? Learn more.