Evidence (Federal Rules) 1/7 Should the evidence be admitted to prove the elements of a crime?

Procedural the 100s

103=Rulings

105= Limiting evidence that is not admissible against other parties or for other purposes

101= Scope

Relevance the 400s

409= offers to pay medical and similar expenses

410- Pleas, Plea offer & related statments

411= Liability insurance

408= Negotiations; Compromise Offers: 1) not for impeachment if prior statement inconsistent or contradictory 2) Not to prove claim valid

407=Subsequent remedial measures

412= Sexual behavior; predisposition inadmissible "Prior Bad acts oF sex"

406= Habt and routine

413= Similar crimes in sexual assault case

405= Metods of proving character witness

414= Similar crimes in child molestation cases

404(a)= Character Evidence

415= Similar Acts in Civil Cases involving sexual assault or child molestation

403= Balancing Test; Probative value must outweigh prejudicial value to be admissible

402= General Admissibility

401= Relevance TEST

RELEVANCE RULES EXPANDED

501=General Privileges

502= Attorney client/ Work Product/ waiver limitations

Witnesses the 600s

403: Probative value must outweigh the prejudicial value to be admissible. Excluded for prejudice, confusion, waste of time, misleading, nedlessly presenting cumulative evidence.

Testimonial Evidence A.K.A Witness Evidence: Character, Competency, Relevane, Op, Impeachmentm Privileges, Hearsay

601= Competency

602= Personal Knowledge

603= Oath or Affirmation

605= Judge/witness Competency

606(a) =Juror Competency

ACCOMPLISHED BY CROSS EXAMINATION AND EXTRINSIC EVIDENCE: ASK DIRECT QUESTIONS PROVIDE ANOTHER WITNESS OR CONTRACT OR WIIL*

IMPEACHMENT

607= Who can Impeach

608= Truthfulness

609= Ctiminal Conviction impeachment

611= Mode and order of examining witnesses/presenting evidence

612=Recollection rule

613= Witness prior statement *refer to R. 611 to determine the credibility if a witness (collateral)

701= Opninion Testimony ( Non Expert )

703= expert Witness testimony

704= Op. on the ultimate issue

705= disclosure of facts or data underlying experts op

706= Court appointed expert witness

Hearsay is inadmissible without an exception
F.R.E 801

402 : Relevant Evidence it admissible unless barred by the US Constitution, FED StATUTE, FRE or other rules prescribed by SCOTUS

401: Evidence relevant if (a) it makes fact more or less probable (b) it makes fact of consequence in determining action

404 (a):Character Evidence (1)Prohibited if used to prove person acted in accordance with character trait. (2) MERCY RULE= Exception for defendant or vic in crim case. D my offer evidence of pertinent trait and if admitted prosecutor can rebut, limitations of 412 can offer evidence of a victim's pertinent trait. Prosecutor can rebut it and offer evidence of D's trait.

404 (b): Prior bad Act; evidence excluded if prejudicial. Admissible if speaks to motive, opportunity, intent, prepartion, plan, knowledge, identity absence mistake or lack of accident.

406: Habit Routine Practice: person's routine can be used to corroborated how someone acted on certain occasion.

405: Methods of Proving Character (a) reputation or opinion (b) Specific instances of conduct. Relevant specific instances of the person's conduct can be used.

407: Subsequent Remedial Measures when measures are taken by Ds to lessen or prevent harm after an injury. These measures are not used to prove negligence

408: Negotioatons; Compromise offers (a) evidence inadmissible if used to prove or disprove that claim is valid.

409: Offers to pay medical and similar expenses; not admissible to prove liability

410: Pleas, plea deals and related statements (a) prohibited uses in Clive and criminal cases (1) guilty plea later withdrawn (2) accepts conviction but does not admit guilt (3) statement during procedure (4) statement made during plea discussions.

411: Liability Insurance proof cannot be used to prove negligence or that person acted wrongfully.

(1) Evidence that victim engaged in sexual behavior (2) Evidence offered to prove sexual predisposition to include lack of sexual behavior.

412: Sexual offense victim's sexual behavior

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it is an out of court statement offered to prove the truth of the matter=802

Five Exceptions that render a client unavailable: (1) Former Testimony (a) given as a witness at a trial, hearing or lawfulf deposition (b) Offered against a party who had an opportunity and similar motive (2) Statements against interest (3) Dying declarations (4) Statement of personal/ family history (5) Statement offered against party procuring

Exceptions that do not include: (1) Present State of mind or physical condition (2) Excited Utterance (3) Present Sense impressions (4) Business records (5) Public Records

Excited Untterances Vs. Present/ Sense Impressions statement must relate to a starting event v. statement must describe/ explain an event condition ( does not need to be startling. Statement must be made while still under stress of excitement from event (depends on circumstances ve. Statement must be made while or immediately after perceiving the event/conditoon ( timing requirement)

Authentiation & Best Evidence:

Rule 901: authenticating or idying evidence

Rule 902; evidence that is self authenticating s

Rule 903: Subscribing Witnesses Testimony

Rule 1001: Definitions

Rule 1002: Producing the original

Rule 1003: Admissibity of duplicates

Rule 1004: admissibility of other evidence of content

1005: copies of public records to prove content

1006: Summaries to prove content

1007: testimony or statement of a party to prove content