Evidence Rules

miriampeguero's version from 2016-12-03 02:05


Question Answer
Rule 101Scope and definition: the rules apply in U.S. Courts
Rule 102Purpose: (1) fairness, (2) eliminate delay, (3) ascertaining the truth
Rule 1101Applicability to federal courts and civil and criminal proceedings
Rule 201Judicial Notice of Fact: (1) generally known or (2) accurately determined from sources
Rule 103(a)Preserving a claim for error: rulings on evidence cannot be assigned as error unless (1) effects substantial right and (2) the nature of the error was called to the attention of the judge
Rule 103(b)Preserving an objection on appeal: losing party does not need to renew its objection or offer of proof so long as 103(a) is satisfied
Rule 103(e)Court may take notice of plain error of a substantial right even when it was not properly preserved
Rule 401Relevance: Evidence is relevant if (1) it has any tendency to make a fact more or less probable, and (2) the fact is of consequence in determining the action
Fact of consequence:(1) the fact itself needs to be related to the cause of action and (2) is important to the party's position
Rule 403Counterweights: a court may exclude relevant evidence if the probative value is substantially outweighed by: undue prejudice, confusing the issue, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence
Rule 104(a)Preliminary Question: without being bound by FRE, the court may decide any preliminary question about whether the witness is (1) qualified, (2) a privilege exists or (3) evidence is admissible
Rule 104(b)Conditional Relevancy: If relevancy depends on fulfillment of condition of fact, the judge admits it upon, or subject to, the introduction of evidence sufficient to support the finding at that time or later

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