Mock Trial Rules

Front 1

Rule 401

Back 1

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

Front 2

Rule 403

Back 2

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

Front 3

Rule 404

Back 3

Character evidence not admissable to prove conduct; exceptions; other crimes

Front 4

Rule 404 (a1)

Back 4

an accused may introduce pertinent evidence of good character, in which event the prosecution may rebut with evidence of bad character

Front 5

Rule 404 (a2)

Back 5

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

Front 6

Rule 404 (a3)

Back 6

Character of Witness: the character of a witness may be gone into as bearing on his credibility.

Front 7

Rule 404 (b)

Back 7

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.

Front 8

405's

Back 8

methods of proving character

Front 9

405 (a)

Back 9

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

Front 10

405 (b)

Back 10

Specific Instances of Conduct: when character is an essential element of a charge claim or defense proof may also e made of specific incidents

Front 11

602

Back 11

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.

Front 12

Speculation

Back 12

to reflect and give an opinion as to something taht someone count not possibly know

Front 13

Rule 608's

Back 13

Evidence of character and conduct of witness

Front 14

608 (a)

Back 14

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

Front 15

608 (b)

Back 15

Specific instances of conduct: may not be provided by extrinsic evidence (aka evidence that isn't relevent to case)

Front 16

Rule 611's

Back 16

Mode and order of Interrogation and presentation

Front 17

Rule 611 (b)

Back 17

Scope of cross: cross limited to the subject matter presented in direct AND matters affecting crediility of witness

Front 18

Rule 611 (c)

Back 18

leading questions: not to be used on direct. usually leading questions are permitted on cross, or on a hostile witness/adverse party

Front 19

Rule 615

Back 19

Exclusion of Witness: you can order a witness to leave the room so that they won't hear the testimony of other witnesses

Front 20

Rule 701

Back 20

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

Front 21

Rule 702

Back 21

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

Front 22

Rule 703

Back 22

Base of opinion of expert: must be in feild