Graded Questions With A+ Answers On Evidence Midterm

Graded Questions With A+ Answers On
Evidence Midterm

Rule 614(c): Witness Objections - CORRECT ANSWER-You can object to the calling of
witnesses when the jury is not present

Rule 104(a): Preliminary Questions - CORRECT ANSWER-Judge decides whether
knowledge, skill, etc. is efficient to give a reliable opinion. Witness is either qualified or
not qualified to testify.

Preliminary questions concerning the qualification of a person to be a witness, the
existence of a privilege, or the
admissibility of evidence shall be determined by the court, subject to the provisions
of subdivision.

In making its determination it is not bound by the Rules of
Evidence except those with respect to privileges.

Rule 104(b): Relevancy Conditioned on Fact - CORRECT ANSWER-Judge merely
screens evidence, but jury determines credibility of evidence

When the relevancy of evidence depends on the fulfillment of a condition fact, the court
shall admit it upon, or subject to, the introduction of evidence sufficient to support a
finding of the fulfillment of the condition.

Must lay a sufficient foundation for the jury that explains evidence's relevance

Rule 104(e): Weight and Credibility - CORRECT ANSWER-Parties are allowed to
introduce to the jury relevant evidence to weight or credibility.

Rule 404(a): Character Evidence Not Admissible to Prove Conduct; Exceptions -
CORRECT ANSWER-Character evidence of a person's character or trait of character is
not admissible for the purpose of proving action in conformity therewith on a particular
occasion, except when it deals with _____, it is admissible:

Character of the Accused:
- Evidence of a pertinent trait of character offered by the accused
- Evidence of a trait of character of the alleged victim of the crime is offered by the
accused
- Evidence of a trait of character for aggression of the accused offered by prosecution

,Character of alleged victim of homicide:
- When self defense is an issue in a charge of homicide, evidence of a trait of character
for aggression of the alleged victim of the crime, offered by accused
- Evidence of a character trait of peacefulness of the alleged victim offered by
prosecution in a charge of homicide to rebut evidence that alleged victim was the first
aggressor

Character of alleged victim of sexual conduct crime:
- In a prosecution for criminal sexual conduct, evidence of the alleged victim's past
sexual conduct with defendant and evidence of specific instances of sexual activity
showing the source or origin of semen, pregnancy, or disease

Rule 404(b): Other Crimes, Wrongs, or Acts - CORRECT ANSWER-Evidence of other
crimes, wrongs, or acts is not admissible to prove the character of a person in order to
show action in conformity therewith.
It may, however, be admissible for other purposes, such as proof of:

- Motive
- Opportunity
- Intent
- Preparation
- Scheme
- Plan
- System in doing an act
- Knowledge
- Identity
- Absence of mistake or accident when the same is material

"What is the probative value of what I am offering?"

Thought Process for Relevant Evidence (Rule 404) - CORRECT ANSWER-1. Is X being
offered for a theory of relevancy?
a. Is it being offered for a non-character theory of relevancy? 404b

2. Is there sufficient evidence for the jury to be able to find that the person in question
committed the act? 104a, 104b issue?
a. Huddleston, Supreme Court says it's a 104b issue for conditioning facts of relevancy
for the jury
b. Sufficient evidence
c. Then, weigh probative value of other act for the purpose for which its coming in.

Why will there always be the potential for unfair prejudice? 403

Rule 405(a): Methods of Proving Character; Reputation or Opinion - CORRECT
ANSWER-- In all cases in which evidence of character or a trait of character of a person

, is admissible, proof may be made by testimony as to reputation or by testimony in the
form of an opinion.

- On cross examination, inquiry is allowable into reports of relevant specific instances of
conduct.

Rule § 405(b): Methods of Proving Character; Specific Instances of Conduct -
CORRECT ANSWER-- In cases in which character or a trait of character of a person is
an essential element of a charge, claim, or defense, proof may also be made of specific
instances of that person's conduct.

- A specific instance of a person's conduct is admissible if it tends to prove an essential
character element of the claim or charge in dispute.

- In an action for libel, a person seeks to recover based on damage to his reputation.
The person's reputation is thus an essential element of the libel claim.

Three Ways to Show Character Traits of a Person - CORRECT ANSWER-1. Specific
instances of conduct where you can draw an inference from those instances of conduct

2. Reputation testimony

3. Opinion testimony

Motion in Limine - CORRECT ANSWER-Motion to either admit or suppress evidence.

Designed to avoid the delay and occasional prejudice caused by objections and offers
of proof at trial.

A request that the court order that certain information not be mentioned in the presence
of the jury.

Rulings on Evidence; Objection: Rule 103(a)(1) - CORRECT ANSWER-(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 objection
or motion to strike appears of record, stating the specific ground of objection, if the
specific ground was not apparent from the context; or

Rule 103(a)(2): Rulings on Evidence; Offer of Proof - CORRECT ANSWER-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.