Federal Rules of Evidence: Comprehensive Guide with Questions and Answers, Exams of Nursing

Download Federal Rules of Evidence: Comprehensive Guide with Questions and Answers and more Exams Nursing in PDF only on Docsity! Federal Rules of Evidence Exam with Complete Questions and Answers Rule 101(a) Scope - Correct Answers These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. Rule 101(b) Definitions - Correct Answers In these rules: (1) "civil case" means a civil action or proceeding; (2) "criminal case" includes a criminal proceeding; (3) "public office" includes a public agency; (4) "record" includes a memorandum, report, or data compilation; (5) a "rule prescribed by the Supreme Court" means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. Rule 102. Purpose - Correct Answers These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. Rule 103. Rulings on Evidence. (a) Preserving a Claim of Error - Correct Answers A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. Rule 103. Rulings on Evidence. (b) Not Needing to Renew an Objection or Offer of Proof - Correct Answers Once the court rules definitively on the record - either before or at trial - a party need not renew an objection or offer of proof to preserve a claim of error for appeal. Rule 103. Rulings on Evidence. (c) Court's Statement About the Ruling; Directing an Offer of Proof - Correct Answers The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form. Rule 103. Rulings on Evidence. (d) Preventing the Jury from Hearing Inadmissible Evidence - Correct Answers To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means. Rule 103. Rulings on Evidence. (e) Taking Notice of Plain Error. - Correct Answers A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved. Rule 104. Preliminary Questions (a) In General - Correct Answers The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege. Rule 104. Preliminary Questions (b) Relevance That Depends on a Fact - Correct Answers When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later. Rule 104. Preliminary Questions (c) Conducting a Hearing so that the Jury Cannot Hear It. - Correct Answers The court must conduct any hearing on a preliminary question so that the jury cannot hear it if: (1) The hearing involves the admissibility of a confession; (2) a defendant in a criminal case is a witness and so requests; or (3) justice so requires. Rule 104. Preliminary Questions (d) Cross-Examining a Defendant in a Criminal Case - Correct Answers By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case. Rule 104. Preliminary Questions (e) Evidence Relevant to Weight and Credibility - Correct Answers This rule does not limit a party's right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence. Rule 105. Limiting Evidence That is Not Admissible Against Other Parties or for Other Purposes - Correct Answers If the court admits evidence that is admissible against a party or for a purpose - but not against another party or for another purpose - the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly. Rule 106. Remainder of or Related Writings or Recorded Statements - Correct Answers If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part - or any other writing or recorded statement - that in fairness ought to be considered at the same time. Rule 1101. Applicability of the Rules (a) To Courts and Judges. - Correct Answers These rules apply to proceedings before: Rule 1007. Testimony or Statement of a Party to Prove Content. - Correct Answers The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original. Rule 1008. Functions of the Court and Jury - Correct Answers Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting evidence of the content of a writing, recording, or photograph under Rule 1004 or 1005. But in a jury trial, the jury determines - in accordance with Rule 104(b) - any issue about whether: (a) an asserted writing, recording, or photograph ever existed; (b) another one produced at the trial or hearing is the original; or (c) other evidence of content accurately reflects the content. Rule 201. Judicial Notice of Adjudicative Facts. (a) Scope. - Correct Answers This rule governs judicial notice of an adjudicative fact only, not a legislative fact. Rule 201. Judicial Notice of Adjudicative Facts. (b) Kinds of Facts that may be judicially noticed. - Correct Answers The court may judicially notice a fact that is not subject to a reasonable dispute because it: (1) is generally known within the trial court's territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. Rule 201. Judicial Notice of Adjudicative Facts. (c) Taking Notice. - Correct Answers The court: (1) may take judicial notice on its own; or (2) must take judicial notice if a party requests it and the court is supplied with the necessary information. Rule 201. Judicial Notice of Adjudicative Facts. (d) Timing. - Correct Answers The court may take judicial notice at any stage of the proceeding. Rule 201. Judicial Notice of Adjudicative Facts. (e) Opportunity to be Heard. - Correct Answers On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard. Rule 201. Judicial Notice of Adjudicative Facts. (f) Instructing the Jury - Correct Answers In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive. Rule 301. Presumptions in Civil Cases Generally - Correct Answers In a civil case, unless a federal statute or these rules provide otherwise, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption. But this rule does not shift the burden of persuasion, which remains on the party who had it originally. Rule 302. Applying State Law to Presumptions in Civil Cases. - Correct Answers In a civil case, state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision. Rule 901. Authenticating or Identifying Evidence. (a) In General. - Correct Answers To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. Rule 901. Authenticating or Identifying Evidence. (b) Examples - Correct Answers The following are examples only - not a complete list - of evidence that satisfies the requirement: (1) Testimony of a witness with knowledge. Testimony that an item is what it is claimed to be. (2) Nonexpert opinion about handwriting. A nonexpert's opinion that handwriting is genuine, based on familiarity with it that was not acquired for the current litigation. (3) Comparison by an Expert Witness or the Trier of Fact. A comparison with an authenticated specimen by an expert witness or the trier of fact. (4) Distinctive characteristics and the like. The appearance, contents, substance, internal pattern,s or other distinctive characteristics of the item, taken together with all the circumstances. (5) Opinion about a voice. An opinion identifying a person's voice - whether heard firsthand or through mechanical or electronic transmission or recording - based on hearing the voice at any time under circumstances that connect it with the alleged speaker. (6) Evidence about a telephone conversation. For a telephone conversation, evidence that a call was made to the assigned at the time to: (A) a particular person, if circumstances, including self-identification, show that the person answering was the one called; or (B) a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone. (7) Evidence about public records. Evidence that: (A) a document was recorded or filed in a public office as authorized by law; or (B) a purported public record or statement is from the office where items of this kind are kept. (8) evidence about ancient documents or data compilations. For a document or data compilation, evidence that it: (A) is in a condition that creates no suspicion about its authenticity; (B) was in a place where, if authentic, it would likely be; and (C) is