Using the Federal Rules of Evidence please complete following: Please provide yo
ID: 459039 • Letter: U
Question
Using the Federal Rules of Evidence please complete following:
Please provide your explanation of the text of the Rule stating that evidence must be relevant, and provide the rule number.
2. Please provide the Rule number defining hearsay.
3. What are “writings” and “photographs” according to the Rule? Please also provide the Rule numbers.
4. According to the Rules, does it matter if a declarant is available to testify in considering exceptions to hearsay? Please state the applicable Rule numbers.
5. Please provide the rule number that is commonly refereed to as the “Best Evidence” rule.
6. Is your weekly habit of attending an AA meeting ever admissible in a court of law? Explain you answer.
7. What is the “Rape Shield” and what purpose does it serve?
8. Can a witness character be attacked by evidence of the witness’s prior conviction of a crime?
9. Can the testimony of a witness with knowledge serve as “authentication”? Please provide the applicable rule number.
10. If the defendant in a negligence suit has made a settlement offer in the past, can the settlement offer be introduced at trial to show that he may be liable? Why or why not?
Explanation / Answer
Rule 401. Definition of "Relevant Evidence"[edit]
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Relevancy is the notion that every piece of evidence admitted in the courtroom must be "tied" to the case somehow. Any probative value will make evidence relevant. Note that relevancy is different from credibility. If evidence is merely unbelievable, the presumption is that it should be admissible, and the jury should decide whether or not to believe it.
Relevant evidence need not be probative of the core issues of the case, or of a disputed issue. Matters "of consequence" can include the background of parties and witnesses, or any other matter which weighs for or against the case of one of the parties.
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible[edit]
All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible.
Rule 402 makes relevancy the first consideration when objecting to evidence. If evidence cannot be tied to a matter of consequence, it cannot be admitted at all, regardless of whatever rules might indicate its validity. If evidence is relevant, then the other rules of evidence come into play.
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time[edit]
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Rule 403 provides a "balancing test" for excluding relevant evidence. The balancing test is strongly weighted toward admission; there must be a danger of unfair prejudice that substantially outweighs the probative value of the evidence. "Unfair prejudice" is not the same thing as "prejudice"—almost all relevant evidence is prejudicial to one side or the other. Proving unfair prejudice is often difficult; proving the balance is even moreso.
Ordinarily, a 403 objection is the last objection a lawyer makes when seeking to exclude evidence. Besides the burden of tipping the balance, another key problem is that a 403 objection concedes the relevance of the evidence.
Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes[edit]
Rule 404(a). Character evidence generally[edit]
Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
(1) Character of accused - Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same, or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under Rule 404 (a)(2), evidence of the same trait of character of the accused offered by the prosecution;
(2) Character of alleged victim - Evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor;
(3) Character of witness - Evidence of the character of a witness, as provided in rules 607, 608, and 609.
Rule 404(b). Other crimes, wrongs, or acts[edit]
Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.
Rule 405. Methods of Proving Character[edit]
Rule 405(a). Reputation or opinion[edit]
In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.
Rule 405(b). Specific instances of conduct[edit]
In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct.
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