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10 Cards in this Set
- Front
- Back
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Can an appeals court find error if the admission/exclusion of evidence if it does not affect a party's substantial right?
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NO! FRe 103a
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Who decides whether evidence is admissible, whether a privilege exists, or the qualification of someone to be a witness?
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The judge. FRE 104a
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Which rule allows the court to put a limiting instruction on the evidence?
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FRE 105
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Which two rules deal with presumptions?
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FRE 301/302
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In civil cases, are presumptions substantive or procedural under Erie?
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Substantive.
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Which rule defines relevance?
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401
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What is "relevance" under 401?
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evidence that has any tendency to make the existence of any fact more or less probable
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Which rule says that relevance evidence is admissible, except as otherwise provided by the rules/legis/const?
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402
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How can relevant evidence be excluded under FRE 403? (6 ways)
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If its probative value is substantially outweighed by the danger of unfair prejudice; confusion of the issues; misleading the jury, undue delay, waste of time, cumulative
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Which two rules address character evidence?
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404, 405
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