Federal Rules of Evidence basics, hearsay exceptions, character evidence, impeachment, and privileges.
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- Under FRE 401, what makes evidence relevant?
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Evidence that has any tendency to make a fact of consequence more or less probable than it would be without the evidence.- What is the standard for excluding relevant evidence under FRE 403?
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Evidence may be excluded if its probative value is substantially outweighed by a danger of unfair prejudice, confusion, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.- What is conditional relevance under FRE 104(b)?
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When evidence is relevant only if a preliminary fact is true, the evidence may be admitted if the proponent introduces sufficient evidence that a reasonable jury could find the preliminary fact to be true.- Define hearsay under the Federal Rules of Evidence.
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An out-of-court statement offered to prove the truth of the matter asserted.- What is an excited utterance and why is it a hearsay exception?
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A statement made while the declarant was under the stress of excitement caused by the event, admitted because the spontaneity and immediacy of the statement suggest reliability.- What is a present sense impression and when does it apply?
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A statement describing an event made while the declarant is perceiving the event or immediately afterward, admitted because simultaneous with perception suggests accuracy.- When is a statement about the declarant's then-existing state of mind admissible?
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A statement is admissible to prove the declarant's then-existing state of mind, emotion, sensation, or physical condition, but not to prove prior events (except in will cases).- What is the dying declaration exception to hearsay?
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A statement made while the declarant believed death was imminent, concerning the cause or circumstances of the impending death, admissible in civil cases and homicides.- What is a statement against interest and when is it admissible?
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A statement that was against the declarant's pecuniary, proprietary, or penal interest when made, admissible when the declarant is unavailable and the circumstances suggest reliability.- What is forfeiture by wrongdoing in hearsay?
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When a party has wrongfully caused a declarant's unavailability, that party forfeits the hearsay objection and the statement becomes admissible.- What is the business records exception to hearsay?
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A record of an act, event, condition, opinion, or diagnosis made at or near the time by someone with knowledge, kept in the course of a regularly conducted business, is admissible.- What is the public records exception to hearsay?
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A record or statement made by a public office or agency if it sets out the office's activities, a matter the office was required to observe, or factual findings from a legally authorized investigation, is admissible.- What is the ancient documents exception to hearsay?
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A document that is at least 20 years old, whose authenticity is established, and that contains statements about specific facts, is admissible as an exception to hearsay.- What is the residual hearsay exception under FRE 807?
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A hearsay statement is admissible if the declarant is unavailable, the statement is more probative on the point than any other evidence, and allowing it serves the interests of justice.- What does FRE 404(a) say about character evidence for conduct?
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Character evidence is not admissible to prove that a person acted in accordance with that character, except when character is directly in issue or in specified criminal defendant/victim scenarios.
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