Term
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Definition
Purpose and Construction
FRE construed for (1) fairness in administration, (2) elimination of unjustifiable expense and delay, (3) promotion of growth and development of the law of evidence.
To the end that the truth may be ascertained and proceedings justly determined. |
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Definition
Scope
FRE governs proceedings in (1) US Courts, (2) before US Bankruptcy judges, (3) US magistrate judges, and (4) to the extend and with exceptions stated in Rule 1101. |
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Definition
Applicability of the Rules (limits 101)
Applicable to (1) civil, including admiralty and maritime, (2) criminal and contempt, and (3) bankruptcy.
Not applicable to grand juries, sentencing, probation, bail, arrest warrants. |
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Term
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Definition
| Motions made "at the threshold" to exclude evidence. Shapes trial (sometimes causes the parties to settle). |
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Term
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Definition
Presentation of proof
Direct Evidence: no inferential process
Circumstantial Evidence: relies on inference |
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Definition
Tangible (3 Sub types)
Testimonial |
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Term
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Definition
Real: tangible things related to the case
Recorded statements: includes writings (needs authentication/foundation)
Demonstrative: illustrative evidence that amounts to fair and accurate depiction (does not need authentication) |
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Definition
Direct Examination
Cross Examination
Objections-Offer of Proof |
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Term
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Definition
Mode and Order of Examining Witnesses and Presenting Evidence
(b): Scope of cross should be limited to subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direction examination.
(c): Leading questions should be allowed on cross examination and when a party calls a hostile witness. |
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Definition
| Timely and on specific grounds. |
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Term
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Definition
| Response to an objection stating what evidence would prove if allowed in. |
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Definition
Function of Judge v. Jury
(a): questions of admissibility: JUDGE decides: preliminary questions concerning qualifications of a person to be a witness, existence of a privilege, or the admissibility of evidence shall be determined by the court
(b): Relevancy conditioned on fact: JUDGE may admit evidence which depends on the fulfillment of a condition of fact subject to the introduction of evidence sufficient to support a finding of fulfillment.
(c): Jury decides if evidence is true (weight and credibility) |
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Term
| Jury Instructions (types) |
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Definition
| Substantive, curative, limiting, presumptions, order of decisions |
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Definition
Limiting Instructions
The Court, upon timely request, must restrict evidence to its proper scope and instruct jury accordingly. |
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