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22 Cards in this Set

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Rule 401
Definition of Relevant Evidence: any evidence tending to makes the existence or nonexistence of a fact necessary for the resolution of the action more or less probable
Rule 403
Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time: although relevent, evidence may be excluded it its probative value is outweighed by unfair prejudice, confusion of issue, waste of time
Rule 404
Character evidence not admissable to prove conduct; exceptions; other crimes
Rule 404 (a1)
an accused may introduce pertinent evidence of good character, in which event the prosecution may rebut with evidence of bad character
Rule 404 (a2)
an accused may introduce pertinent evidence of the character of the victim, as in support of a claim of self-defense to a charge of homicide or consent in a case of rape, and the prosecution may introduce similar evidence in rebuttal of the character evidence, or, in a homicide case, to rebut a claim that deceased was the first aggressor, however proved; and
Rule 404 (a3)
Character of Witness: the character of a witness may be gone into as bearing on his credibility.
Rule 404 (b)
evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person. it is admissable in the case of
-proof of motive
-oppotunity
-intent
-preparation
-plan/knowledge ect.
405's
methods of proving character
405 (a)
Reputation or Opinion: In all cases in which evidence of character or a trait of character of a person is admissable, proof may be made by testimony as to reputation or by form of opinion. Specifics are allowed on cross
405 (b)
Specific Instances of Conduct: when character is an essential element of a charge claim or defense proof may also e made of specific incidents
602
Lack of Personal Knowledge: A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
Speculation
to reflect and give an opinion as to something taht someone count not possibly know
Rule 608's
Evidence of character and conduct of witness
608 (a)
Opinion and reputation evidence of character: credibility of witness may be attacked or supported bu evidence in the form of opinion and rep but is limited to
1)truthfulness or untruthfullness
2) evidence of truthfulness can only be offered after it is attacked
608 (b)
Specific instances of conduct: may not be provided by extrinsic evidence (aka evidence that isn't relevent to case)
Rule 611's
Mode and order of Interrogation and presentation
Rule 611 (b)
Scope of cross: cross limited to the subject matter presented in direct AND matters affecting crediility of witness
Rule 611 (c)
leading questions: not to be used on direct. usually leading questions are permitted on cross, or on a hostile witness/adverse party
Rule 615
Exclusion of Witness: you can order a witness to leave the room so that they won't hear the testimony of other witnesses
Rule 701
Opinion testimony by a lay witness: limited to a) reasonable inferences based on statement/witness perception
b) helpful to a clear understanding of witness's testimony ro the determination of a fact in the issue
c)not based on scientific, technical, or other expert stuff
Rule 702
Testimony by Experts 1) based on facts and data sufficient 2) testimony product of reliable principles and methods 3)witness applied principles and methods reliably to the facts of case
Rule 703
Base of opinion of expert: must be in feild