Federal Rules of Evidence- Case Law

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Author:
acm0204
ID:
197490
Filename:
Federal Rules of Evidence- Case Law
Updated:
2013-02-02 21:00:32
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Federal Rules Evidence Case Law
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Federal Rules of Evidence- Case Law
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  1. What case law is important?
    • Frye vs. US
    • Daubert vs. Merrill Dow Pharm.
    • People vs. Kelly
    • Gen Electric vs. Joiner
    • Kumho Tire Co. vs. Carmicheal
  2. What two rules are important for Rules of Evidence?
    • Rule 403- are finding RELEVANT, not biased
    • Rule 702- Doubert, based on science, reliable, applied scientific principles in testing.
  3. What is the Brady law?
    Brady vs Maryland  1963

    • Prosecution MUST disclose any known evidence or information favorable to the defendant in criminal case.
    • Must be disclosed regardless if requested or not.
  4. Fry vs US established what?
    General acceptance of scientific evidence.

    prevent psuedoscience in courtroom.
  5. Kelly Hearing does what?
    Case specific relevance test for courtroom

    • Novel testing procedures for scientific evidence.
    • General acceptance
    • qualifications of expert
    • procedures performed correctly
  6. Daubert Hearing
    established RULE 702

    Judge are the GATEKEEPERS

    • EVIDENCE relevance
    • Evidence RELIABILITY
    • Expert Witness qualificaiton
  7. What two cases supported Daubert?
    Gen Electric vs. Joiner

    Kumho Tire Co. vs Carmicheal
  8. special subpoena issued by judge for documents?
    DUCES TECUM  (discovery)
  9. What three things are required to be handed over for a discovery?
    all documentation for case

    • CASE specific material
    •   Electronic data, lab notes, CoC
    • General Material
    •   SOPs, validations, audits, comm. logs,        corrective actions QC records
    • Exculpatory
    •   info favoring suspect
  10. What QAS standard mentions courtroom testimony?
    QAS 12.2

    Lab shall train and document annual testimony of examiners.

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