The flashcards below were created by user
on FreezingBlue Flashcards.
Scope: Rule 101
the only rules are those covered in these rules
Scope: Rule 102
- the court won't consider an objection contained in these rules.
Relevancy: Rule 201
- only relevant testimony may be presented. only evidence and testimony which tends to make a fact that is important to the case more or less likely than without the evidence.
- However, if the probative value is outweighed by the danger that it will cause prejudice, confuse the issues, or result in undue delay, the court may exclude it.
Relevancy: Rule 202
- evidence about the character of a party or witness can't be introduced unless it is being offered to show the truthfulness or untruthfulness of the party or witness.
- In a criminal case, the prosecution cannot offer evidence of bad character of the defendant, but the defendant may offer evidence of their good character, prosecution can offer evidence to rebut the defense's evidence of the defendant's character.
- The prosecution cannot initiate evidence of the character of the victim, the defense may introduce evidence of the victim's character, the prosecution may offer evidence to rebut the defense's evidence.
Relevancy: Rule 203
- Other Crimes, Wrongs, or Actsevidence of other crimes, wrongs, or acts is not admissible to prove the character of a person
- such evidence may be used to show motive, intent, preparation, knowledge, or identity, but not character
Witness Examination: Direct Examination: Rule 301
- Form of a Question
- Witnesses should be asked direct questions and may not be asked leading questions on direct examination
- direct questions are phrased to evoke a set of facts from the witness
- a leading question is one that suggests the answer desired by the examiner, usually suggests a "yes" or "no" answer
- the questions must ask for specific information, they cannot be so broad that the witness can wander or "narrate" a whole story.
- Narrative Answersa direct question may be appropriate, but the witness's answer may go beyond the facts for which the question was asked. Such answers are subject to objection on the grounds of narration
Witness Examination: Direct Examination: Rule 302
- Scope of Witness Examination
- direct examination may cover all the facts relevant to the case of which the witness has firsthand knowledge. Any factual areas on direct examination my be subject to cross examination
Witness Examination: Direct Examination: Rule 303
- Refreshing recollection
- if a witness is unable to recall a statement made in an affidavit, the attorney on direct may show that portion of the affidavit that will help the witness to remember
Witness Examination: Cross Examination: Rule 304
- Form of a Questionan attorney may ask leading questions when cross examining the opponent's witness
- Questions tending to evoke a narrative answer should be avoided
Witness Examination: Cross Examination: Rule 305
- Scope of Witness Examination attorneys may only ask questions that relate to matters brought up in direct examination or matters relating to the credibility of the witness
Witness Examination: Cross Examination: Rule 306
- an attorney may impeach the credibility of a witness (show that a witness should not be believed) in the following ways:
- a witness may testify to another witness's reputation for truthfulness, provided that an adequate foundation is established that the testifying witness's ability to testify about the other witness's reputation
- counsel may ask questions demonstrating that the witness has made statements on other occasions that are inconsistent with with the witness's present testimony. A foundation must be laid for the introduction of a prior contradictory statements by asking the witness if they made such statements
- an attorney may ask questions demonstrating the witness's bias in favor of the party on whose behalf the