Evidence Fundamentals

Question 1

Define substantive evidence.

Answer 1

Evidence that can be used to prove the truth of a fact.

Question 2

Define limited evidence.

Answer 2

Evidence that cannot be used to truth of a fact but proves an auxiliary fact (e.g. notice).

Question 3

What is intrinsic evidence?

Answer 3

Evidence that comes from the mouth of the witness in court.

Question 4

What is the scope of the Federal Rules of Evidence?

Answer 4

All civil and criminal proceedings in federal courts (≠ military courts).

Question 5

When do the Federal Rules of Evidence not apply?

Answer 5

1. Preliminary questions of fact regarding the admissibility of evidence
2. Grand jury proceedings
3. Preliminary hearings
4. Sentencing and probation hearings
5. Obtaining a warrant
6. Bail proceedings
7. Summary contempt

Question 6

What must be done in order to preserve an appeal for an admission of evidence?

Answer 6

A timely and specific objection must be made.

Question 7

Where a ruling excludes evidence, how can the issue be preserved for appeal?

Answer 7

An offer of proof must be made outside the presence of a jury.

Question 8

What are motions in limine?

Answer 8

Pretrial rulings on the admissibility of evidence.

Question 9

When is an evidence error harmless?

Answer 9

The jury would have reached the same verdict even if the error did not occur.

Question 10

What happens if an objection is not made to objectionable evidence?

Answer 10

The evidence will be admitted.

Question 11

What is the only time when an appeal can be preserved without an objection?

Answer 11

When a plain error is found.

Question 12

When is plain error found?

Answer 12

When a serious mistake prejudices a verdict. The mistake is obvious and clear.

Question 13

What are the preliminary questions regarding the admissibility of evidence?

Answer 13

1. Competency
2. Admissibility
3. Whether privilege applies

Question 14

What is the procedure for holding hearings on admissibility?

Answer 14

The hearing must occur outside the presence of the jury.

Question 15

Who determines the admissibility of evidence and what is the standard?

Answer 15

The judge uses the preponderance of the evidence standard to evaluate admissibility.

A judge is not bound by rules of evidence in reaching his conclusion except for privilege rules.

Question 16

When does conditional relevancy occur?

Answer 16

One item’s relevance is conditioned on the relevance of another piece of evidence.

Question 17

If evidence is given a limiting instruction, what must the court do?

Answer 17

1. Restrict the evidence to its proper scope
2. Instruct the jury to the limitation.

Question 18

What is the rule of completeness?

Answer 18

When a party introduces part of a writing or recording, the adverse party may immediately introduce any other part of the writing which in fairness ought to be considered in conjunction with the original writing or recording.