Evidence Outline 3

Evidence Outline 3 - 1Evidence Outline Text: A Modern...

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1 Evidence Outline Text: A Modern Approach to Evidence rd Ed. © Stephen Hunt, Jr. § 1 Introduction and Problem Solving How to answer an evidentiary question. Summarize Facts Answer the question asked AND explain the answer: 1. What rule / what rule § applies 2. What does rule and Advisory Committee Note say about problem. 3. What does text say about problem (Least important). Rule 402 All relevant evidence admissible EXCEPT as excluded by rules ( IBARHOP) 1. I mpeachment 607- 610, 612-613 2. B est Evidence (1000s) 3. A uthentication / Personal Knowledge 900, 602 4. R elevant but Inadmissible 400s 5. H earsay 800s 6. O pinion 700s 7. P rivilege 500s Procedural Rules – How to admit / exclude evidence 1. Objections (103) 2. Preliminary questions, foundations (104) 3. Limited admissibility (105) 4. Completeness 5. Order of Questions 6. Excluding witnesses 7. Competency Offering evidence and objections For purposes of this outline P will = proponent and O will = opponent of evidence. § 2 Witnesses / Conduct of Trial / “Procedural Rules” Witnesses Competency 1. 601 – Every person is competent to testify (be a witness) except as otherwise provided in Fed. Rules. 2. 602 – Witness may not testify to a matter unless evidence is introduced that the witness has person al knowledge of the matter. Condensed 601, 602, 603-606 1. Every person (601) 2. With personal knowledge (602) 3. Who takes oath or affirmation (603) 4. May testify EXCEPT a. Judge (in this case) b. Juror (in this case)
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Competency is afforded to everyone w/ discretion resting in the judge. 1. One way judge has discretion is by the administration of the oath and the judge can rule that one does not know the meaning of testifying truthfully. 2. Also, if the judge cites confusion as excluding testimony this is possible. Opinion Basis Experts Rule 703 – experts may testify to: 1. Personal Knowledge 2. Presentations at trial a. Hypos b. After listening to testimony 3. Presentations outside of trial (may or may not be admissible evidence Lay witness rule 701 – lay witnesses may testify to: 1. Rational perceptions (personal knowledge). Testimony has to be helpful For experts has to be of a type reasonably relied upon by experts in the particular field, inference may be admitted even if data is inadmissible. Questioning 611(b) – Question topic (scope) 1. On direct – question may relate to ANY relevant matter 2. On cross – Only the subject matter of direct, AND/OR a. Credibility AND/OR b. Additional matters if asked “as if on direct.” 611(c) – Question Form 1. On direct: NO LEADING except to develop testimony: a. Preliminary matters (non contested) – effort to speed it up. b.
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This note was uploaded on 12/01/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at Arizona.

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Evidence Outline 3 - 1Evidence Outline Text: A Modern...

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