Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
44 Cards in this Set
- Front
- Back
|
FRE 101
|
Scope: These rules govern proceedings in the courts of the US and before US bankruptcy judges and US magistrates, to the extent and w/ the exceptions in rule 1101.
|
|
|
FRE 102
|
Purpose & Construction: These rules shall be construed to secure fairness in admin, eliminatino of unjustifiable expense and elay, and promotino of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
|
|
|
FRE 103 RULINGS ON EVIDENCE (a) effect of erroneous ruling
|
Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1) objection. In case the ruling is one admitting evidence, a timely objectin or motino to strike appears of record, starting the specific ground of objection, if the specific ground was not appartent from the conext ; or(2) Offer of Proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objectino or offer of proof to preserve a claim of error for appeal.
|
|
|
FRE 103 (b) record of offer and ruling
|
The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer from.
|
|
|
FRE 103 ©Hearing of Jury
|
In jury cases, proceedings shall be conducted, to the extent practicable, as to to prevent inadmissable evidence from being suggested to the jury by any means such as making statements or offers of proof or asking questions in the hearing of the jury.
|
|
|
FRE 103 (d) Plain Error
|
Nothing in this rule preculdes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.
|
|
|
FRE 104 PRELIM Qs (a) Qs of Admissibility Generally
|
Preliminary questinos concerning the qualification of a person to be a witness, the existence of a privlege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect ro privileges.
|
|
|
FRE 104 (b) Relevancy Conditioned on Fact
|
When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit if upon, or subject to, the introductin of evidence sufficient to support a finding of the fulfillment of the condition.
|
|
|
FRE 104 © Hearing of Jury
|
Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of the require, or when as accused is a witnes and so requests.
|
|
|
FRE 104 (d) Testimony by Accused
|
The accused does not, by testifying upon a preliminary matter become subject to cross-examination as to other issues in the case.
|
|
|
FRE 104 (e) Weight and Credibility
|
This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
|
|
|
FRE 105 Limited Admissibility
|
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
|
|
|
FRE 106
|
Remainder of Related Writings or Recorded Statements: When a writing or recorded state or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part of any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.
|
|
|
FRE 301
|
Presumptions in General Civil Actions and Proceedings:In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to shuch party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.
|
|
|
FRE 302
|
Applicability of State Law in Civil Actions and Proceedings: In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which State law supplies the rule of decision is determined in accordance with State law.
|
|
|
FRE 1101 Writings & Recordings
|
Consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photos, magnetic impulse, mechanical or electronic recording or other form of data compilation.
|
|
|
FRE 1101 Photographs
|
Includes stills, X-ray, video tapes and motion pictures
|
|
|
FRE 1101 Original
|
The writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An original of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an original.
|
|
|
FRE 1101 Duplicate
|
A counterpart produced by the same impression as the original, or fro the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original.
|
|
|
FRE 401 Relevant Evidence
|
Evidence having any tendency to make the existence of any fact that is of consequnce to the determination of the action more probably or less probably than it would be without the evidence.
|
|
|
FRE 402 Relevant Evidence Genrally Admissible; Irrelevant Not
|
All relevant evidence is admissable, except as otherwise provided by the Constitution of the US, by Act of Congress, by these rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible.
|
|
|
FRE 403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, of Waste of Time
|
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confision of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
|
|
|
FRE 101
|
Scope: These rules govern proceedings in the courts of the US and before US bankruptcy judges and US magistrates, to the extent and w/ the exceptions in rule 1101.
|
|
|
FRE 102
|
Purpose & Construction: These rules shall be construed to secure fairness in admin, eliminatino of unjustifiable expense and elay, and promotino of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
|
|
|
FRE 103 RULINGS ON EVIDENCE (a) effect of erroneous ruling
|
Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1) objection. In case the ruling is one admitting evidence, a timely objectin or motino to strike appears of record, starting the specific ground of objection, if the specific ground was not appartent from the conext ; or(2) Offer of Proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objectino or offer of proof to preserve a claim of error for appeal.
|
|
|
FRE 103 (b) record of offer and ruling
|
The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer from.
|
|
|
FRE 103 ©Hearing of Jury
|
In jury cases, proceedings shall be conducted, to the extent practicable, as to to prevent inadmissable evidence from being suggested to the jury by any means such as making statements or offers of proof or asking questions in the hearing of the jury.
|
|
|
FRE 103 (d) Plain Error
|
Nothing in this rule preculdes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.
|
|
|
FRE 104 PRELIM Qs (a) Qs of Admissibility Generally
|
Preliminary questinos concerning the qualification of a person to be a witness, the existence of a privlege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect ro privileges.
|
|
|
FRE 104 (b) Relevancy Conditioned on Fact
|
When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit if upon, or subject to, the introductin of evidence sufficient to support a finding of the fulfillment of the condition.
|
|
|
FRE 104 © Hearing of Jury
|
Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of the require, or when as accused is a witnes and so requests.
|
|
|
FRE 104 (d) Testimony by Accused
|
The accused does not, by testifying upon a preliminary matter become subject to cross-examination as to other issues in the case.
|
|
|
FRE 104 (e) Weight and Credibility
|
This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
|
|
|
FRE 105 Limited Admissibility
|
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
|
|
|
FRE 106
|
Remainder of Related Writings or Recorded Statements: When a writing or recorded state or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part of any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.
|
|
|
FRE 301
|
Presumptions in General Civil Actions and Proceedings:In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to shuch party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.
|
|
|
FRE 302
|
Applicability of State Law in Civil Actions and Proceedings: In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which State law supplies the rule of decision is determined in accordance with State law.
|
|
|
FRE 1101 Writings & Recordings
|
Consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photos, magnetic impulse, mechanical or electronic recording or other form of data compilation.
|
|
|
FRE 1101 Photographs
|
Includes stills, X-ray, video tapes and motion pictures
|
|
|
FRE 1101 Original
|
The writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An original of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an original.
|
|
|
FRE 1101 Duplicate
|
A counterpart produced by the same impression as the original, or fro the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original.
|
|
|
FRE 401 Relevant Evidence
|
Evidence having any tendency to make the existence of any fact that is of consequnce to the determination of the action more probably or less probably than it would be without the evidence.
|
|
|
FRE 402 Relevant Evidence Genrally Admissible; Irrelevant Not
|
All relevant evidence is admissable, except as otherwise provided by the Constitution of the US, by Act of Congress, by these rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible.
|
|
|
FRE 403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, of Waste of Time
|
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confision of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
|
