Shared Flashcard Set


Evidence (FRE)
Federal Rules of Evidence

Additional Law Flashcards




FRE 606
  • (a) At the Trial: A juror cannot testify in the case for which he sits; opposing party can object
  • (b) Inquiry into validity of the verdict: After case, a juror can't be called on to testify about deliberation process; can testify about:
    • extraneous prejudicial information
    • any outside influence was improperly brought to bear upon any juror
    • a mistake entering the verdict onto form
FRE 1101
Application of Rules
  • (b) Apply to all civil, criminal, and contempt proceedings (minus when judge acts summarily); Title 11 (bankruptcy)
  • (C) Privilege rules apply at all stages of proceedings
  • (d) Rules (except privilege) inapplicable:
    • Preliminary questions of fact
    • Grand jury proceedings
    • Misc.: Proceedings for extradition/rendition; preliminary examinations in criminal cases; sentencing, or granting or revoking  probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.
FRE 401
  • Definition of Relevant Evidence: evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probably or less probably than it would be without the evidence.
  • (Does the evidence tend to make a fact more/less probable?)
FRE 402
  • Relevant Evidence Generally Admissible: Default for relevant evidence is that it’s admissible.  Exceptions can come from Constitution, acts of Congress, FRE, or other rules from SCOTUS.
  • Irrelevant Evidence Inadmissible
FRE 403
  • Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time:  
    • Even if evidence is relevant, it may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.
FRE 104 (b)
  • Condictional Relevancy

    • When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

FRE 407
  • Subsequent Remedial Measures
    • If after injury measures are taken that would have reduced likelihood of the injury, evidence of the subsequent measures isn't admissible
    • BUT: Doesn't exclude evidence offered for another purpose, SUCH AS proving: Ownership, control, feasibility, impeachment
    • Tuer v. McDonald (heart attack); 
FRE 408
  • Compromise & Offers to Compromise
    • Prohibited Uses:
      • Offering valuable consideration or attempting to compromise the claim
      • Conduct or STATEMENTS made in compromise negotiotions (except to gov/regul. agency in crim. case)
    • Permitted Uses
      • Include: (1) proviing witness bias, (2) negating undue delay charge, (3) proving an effort to obstruct a crim. investigation or prosecution
    • Bankcard America v. Universal Bankcard
FRE 409
  • Payment of Medical & Similar Expenses
    • Evidence of furnishing or offering to pay medical, hospital, or similar expenses occaisioned by an injury is not admissible to prove liability for the injury.
    • NOTE: Does not preclude evidence of statements in addition to offering to pay medical expense. E.g., "That was my fault, and I'll pay for your medical bills."
FRE 411
  • Liability Insurance
    • Evidence of (or lack of) liability insurance not admissible to prove negligence/wrongful
    • Doesn't preclude evidence of insurance when offered for another purpose, such as
      • Proof of agency
      • Ownership
      • Control
      • Bias, prejudice of a witness
    • Williams v. McCoy ($3k auto accident)
FRE 410
  • In civ./crim. cases, these not admissible:
    • guilty plea later withdrawn
    • plea of nolo contendere
    • Statements made regarding either plea
    • Statements made in plea discussions w/ prosecutor (when ultimately dont' plead guilty)
  • IS admissible:
    • If another statement made during plea deal has been introduced
    • In crim. proceeding for perjury or false oath if statement made by D under oath and in presence of counsel
  • U.S. v. Biaggi (Congressman forgoes immunty)
  • NOTE: 410 analysis and then 403 analysis
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