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  • Federal Rules of Evidence

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    The Federal Rules of Evidence outline the admissibility of evidence in US courts. Some key points include: - Evidence must be relevant to be admissible. Character evidence and evidence of other crimes/acts are generally not admissible. - Hearsay is not admissible unless it meets an exception such as an excited utterance, statement for medical diagnosis, or record of a regularly conducted business. - Witnesses can provide lay or expert opinion testimony depending on their qualifications, and experts can base opinions on facts not necessarily presented to the jury.

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    The Federal Rules of Evidence outline the admissibility of evidence in US courts. Some key points include: - Evidence must be relevant to be admissible. Character evidence and evidence of other crimes/acts are generally not admissible. - Hearsay is not admissible unless it meets an exception such as an excited utterance, statement for medical diagnosis, or record of a regularly conducted business. - Witnesses can provide lay or expert opinion testimony depending on their qualifications, and experts can base opinions on facts not necessarily presented to the jury.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    341 views1 page

    Federal Rules of Evidence

    Uploaded by

    lanadass
    The Federal Rules of Evidence outline the admissibility of evidence in US courts. Some key points include: - Evidence must be relevant to be admissible. Character evidence and evidence of other crimes/acts are generally not admissible. - Hearsay is not admissible unless it meets an exception such as an excited utterance, statement for medical diagnosis, or record of a regularly conducted business. - Witnesses can provide lay or expert opinion testimony depending on their qualifications, and experts can base opinions on facts not necessarily presented to the jury.

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    © All Rights Reserved
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    Federal Rules of Evidence

    Study online at quizlet.com/_2qxmn


    1.

    401

    Relevance Evidence with "any tendency to make the existence of any fact of consequence" more or less likely Non-relevant evidence is not admissible. Substantially More prejudicial than probative Character evidence is not admissible Evidence of other crimes or wrong acts is not admissible Habit and routine practice is admissible because of proving the conduct of a person Lack of personal knowledge Truthfulness/untruthfulness as exception to rule 404a about character evidence Badgering the witness Scope of cross is not limited to scope of direct Leading questions are allowed on cross but not on direct Recross and redirect are permitted but are limited to the scope of the previous line of questioning Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same Opinion testimony by a lay witness is not admissible Exception: rationally based on the perception of the witness Expert qualified by experience, knowledge, training, skill, or education Experts can offer opinion testimony Basis of opinion testimony by experts Facts don't need to be admissible for the opinion based off of those facts to be allowed in Reasonably rely "testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact" Expert can testify to the opinion without first testifying to the facts but can be made to testify to the facts on cross admission by party opponent is not hearsay Hearsay is not admissible Excited utterance as hearsay exception Statements made for the purpose of medical diagnoses are exempted from the hearsay rule

    22.

    803.6

    2. 3. 4. 5.

    402 403 404a 404b 406 602 608a 611a 611b 611c 611d 613b

    Records of regularly conducted business ("A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses") as exception to the hearsay rule Hearsay within hearsay is not admitted. If both the hearsay and the hearsay within hearsay are exceptions to the hearsay rule then it is admissible

    23.

    805

    6.

    7. 8.

    9. 10. 11.

    12.

    13.

    14.

    701

    15.

    702

    16.

    703

    17.

    704a

    18.

    705

    24. 19. 20. 21.

    801d2 802 803.2 803.4

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