EVIDENCE OUTLINE America's Amateur Juries: don't trust jurors to value correctly the ev o Worried about bias and prejudice o Almost all FREs are rules of Exclusion (to not persuade jury too much). Proponent = party that seeks to admit evidence Oppone
Evidence 8:30-9:20 TRF, Room 104 Professor Mueller Evidence- How we present information to the trier of fact. Do not write in the Federal Rules of Evidence book as you can use it on the exam (but highlight ok, index tabs (recommends don't do it cause
OUTLINE RELEVANCY A. Only relevant evidence is admissible. 1. Assessing Relevancy should be the starting point for any evidentiary analysis. B. FRE 401 Under FRE 401, evidence is relevant if it has any tendency make the existence of any fact that is
Admission and Exclusion of Evidence
Getting Evidence In: Foundation and Offer Presentation of Evidence through Testimony Direct Examination. Three things must be done with the witness: o Background Information: name, address, other basic facts. o Fo
Week 2 assignment
1. All relevant evidence is considered admissible if it can prove or disprove any facts within
2. Yes, I believe the current exceptions within this chapter offer positive safeguards.
Because all evi
Which of the following is not a fundamental purpose of evidence laws?
Discovery of truth
Punishing bad attorneys
Promoting judicial efficiency
All the following are rebuttable presumptions except:
A person found dea
Critical Thinking questions located at the end of Chapters 1, 2, 3 and 4
1. The laws of evidence is in place to lay out what can and cannot be admitted at trial and why.
They also serve to influence adversary and jury systems, establish g
Week 2 case brief
Huddleston v. United States
534 U.S. 1051
Facts: Defendant (Huddleston) was accused of knowingly being in the possession of stole
VHSs which is a federal law violation. Evidence provide at trial against the defendant was that
Week 4 assignment
1. Exceptions to the hearsay rule are in place to protect the jury from hearing unreliable
statements out of court as evidence.
2. Yes, there are many exceptions to the rule and each offer a different perspective and cover new
Week 4 case brief
Trammel v. United States
445 U.S. 40,100 S. Ct. 906,63 L. Ed. 2d 186,1980 U.S.
Fact: Based on the testimony of Trammels wife he was accused and convicted of transporting
heroin into the United States from Thailand and Philippine islands.
Week 1 case brief
Mapp V. Ohio
367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961)
Facts: Cleveland Police officers were in search of a bombing suspect as well as the evidence of
the creation of the bomb itself. Police received information that these th
Evidence Outline Presentation of Evidence (Scope and Style of Examination) FRE 102. o These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense/delay. FRE 611(a). Control By Court. o The court shall exe
RELEVANCE ? PREJUDICE? CRAWFORD? _ If one rule prohibits admission and one rule allows it, then it's allowed Exception: public records are NOT allowed to be admitted under business rule exception (Oats-ct of app, leading case on rule and exception) R
ALWAYS weigh probative value against prejudice! Preliminary questions of admissibility are made by court Rule 104 - Independent of other rules of evidence - Hearings are made outside of jury - May (must if 801(d)(2) consider hearsay - Bourjaily v US
X's Short Evidence Outline Scope of Direct- Cross is limited to matters explored on direct examination. -Accused does not have to testify, thus cannot go beyond the scope of direct. -Accused cannot use fifth amendment as shield against "reasonable" c
Evidence Outline Chapter One: Evidence Law and the System
WHY RULES OF EVIDENCE? o Why Evidence Law at All? Five reasons: Mistrust of juries o Along with other methods of limiting decisions by juries (summary jmt, JML, jury instructions), the rules
Evidence Law and the System
A. Why Rules at all?
1. Mistrust of juries
2. Substantive policies related to litigation
i. BoP and presumption of discrim
3. Substantive policies not related to litigation
i. Rules of privilege (e