Evidence Review - EXAM - 3 Hours - 25 Short answer worth 75...

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EXAM - 3 Hours - 25 Short answer worth 75 points - You are always a “Junior Person” on the team - 1 Essay Worth 25 points o May or may not be so complicated to warrant 25 points, but it is what it is. Make sure you finish the Short Answer first. - Pace yourselves - Questions o Similar to quiz, maybe a little bit longer o Give the best Answer o Don’t Panic o Analysis o Rules and Cases Get Credit for Mentioning Cases, so if you know one use it. Go straight to what is the essential thing to what he is Getting at. Don’t need to analyze 401 and 403 in each one. Hit the main point, then hit those if you have time. EX: 608B. If the 401, or 403 issue is pertinent then focus on it. Also make sure to look at limiting instructions. Can either write it as a paragraph, or a Sustained/Overruled – rule 608B says… then explanation. Make sure to say sustained or overruled first then explain why. Use rule numbers for full credit. o Think Will be like the quiz, but a little harder. Not every question is a trick. Whats the rule say? Whats the policy say? Compare. Between now and the exam - Take the Quiz - Know the Federal Rules of Evidence o The structure o The table of Contents 100s 400s 500s 600s 800s 900s 1000s o Will get copy of rules for the exam, not the committee notes. - Rules 401, 402, and 403 - Rule 401: Evidence is “relevant” if it is i) probative of any ii) material fact - Remember Scott Peterson hypos? - Courts tend to permit a fair amount of background evidence. o What is your name? o How old are you?
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o Where did you grow up? o Etc. - Materiallity is the only tricky part - Rule 403. Remember, every relevancy question potentially involves two questions: o Is it relevant? o Should it nonetheless be excluded because the probabtive value of the evidence is substantially outweighed by unfair prejudice, confusion, etc? o Ct. decisions are reviewed for abuse of discretion. o Remember the NixMary Brown case photos? If the pictures make you lose your lunch, they usually don’t come in Brothers keeper Easy Essay question, you shold be able to say why it is or isn’t relevant and why to come in. - Know the Special relevancy rules, and policy behind them o 407-411 o 408 Civil settlement o 410 criminal plea negotiations o 606B and the Panner case - Subsequent remedial action not admissible to prove negligence. (R. 407) - Offer to settle a disputed claim not admissible to prove liability (R. 408) o Apology is admissiable - Offer to pay medicals not admissible to prove liability (R. 409) (always stays out, don’t need a disputed claim) - Availability of insurance not admissible to prove liability (r. 411) - Plea negotiations inadmissible against defendant in criminal trial (R. 410) – Literally applies to defendant who goes to trial. -
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This note was uploaded on 05/07/2010 for the course LAW 123 taught by Professor Cap during the Spring '10 term at Hofstra University.

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Evidence Review - EXAM - 3 Hours - 25 Short answer worth 75...

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