Understanding Evidence Rules in Legal Proceedings, Exams of Nursing

Download Understanding Evidence Rules in Legal Proceedings and more Exams Nursing in PDF only on Docsity! Federal Rules of Evidence Midterm Exam Questions with Answers 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 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 or 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 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 - Doctrine of Limited Admissibility - 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 401 - Test for "Relevant Evidence" - Correct Answers Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action. Rule 403 - Excluding Relevant Evidence (for Prejudice, Confusion, Waste of Time, or Other) - Correct Answers The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. Rule 404 - Character Evidence; Crimes or Other Acts (a) Character Evidence - Correct Answers (1) Prohibited Uses. - Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. (2) Exceptions for a Defendant or Victim in a Criminal Case. - The following exceptions apply in a criminal case: Rule 411 - Liability Insurance - Correct Answers Evidence that a person was or was not insured against liability is NOT admissible to prove whether the person acted negligently or otherwise wrongfully. But the court MAY admit this evidence for another purpose, such as proving a witness's bias or prejudice or proving agency, ownership, or control. Rule 412 - Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition (RAPE SHIELD RULE) (a) Prohibited Uses - Correct Answers The following evidence is NOT admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior; OR (2) evidence offered to prove a victim's sexual predisposition. Rule 412 - Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition (b) Exceptions (1) Criminal Cases. - Correct Answers The Court MAY admit the following evidence in a Criminal Case: (A) evidence of specific instances of a victim's sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence; (B) evidence of specific instances of a victim's sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; AND (C) evidence whose exclusion would violate the defendant's constitutional rights. Rule 412 - Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition (b) Exceptions (2) Civil Cases. - Correct Answers In a civil case, the court MAY admit evidence offered to prove a victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. The court may admit evidence of a victim's reputation only if the victim has placed it in controversy. Rule 412 - Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition (c) Procedure to Determine Admissibility - Correct Answers (1) Motion. If a party intends to offer evidence under Rule 412(b), the party must: -(A) file a motion that specifically describes the evidence and states the purpose for which it is to be offered; -(B) do so at least 14 days before trial unless the court, for good cause, sets a different time; -(C) serve the motion on all parties; AND -(D) notify the victim or, when appropriate, the victim's guardian or representative. (2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed. Rule 412 - Sex-Offense Cases: The Victim's Sexual Behavior or Predisposition (d) Definition of "Victim" - Correct Answers In this rule, "victim" includes an alleged victim. Rule 413 - Similar Crimes in Sexual-Assault Cases. (a) Permitted Uses - Correct Answers In a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant. Rule 413 - Similar Crimes in Sexual-Assault Cases. (b) Disclosure to the Defendant - Correct Answers If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses' statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause. Rule 413 - Similar Crimes in Sexual-Assault Cases. (c) Effect on Other Rules - Correct Answers This rule does NOT limit the admission or consideration of evidence under any other rule. Rule 413 - Similar Crimes in Sexual-Assault Cases. (d) Definition of "Sexual Assault" - Correct Answers In this rule and Rule 415, "sexual assault" means a crime under federal or state law involving: (1) any conduct prohibited by 18 USC chapter 109A. (2) contact, without consent, between any part of the defendant's body--or an object-- and another person's genitals or anus; (3) contact, without consent, between the defendant's genitals or anus and any part of another person's body; (4) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on another person; OR (5) an attempt or conspiracy to engage in conduct described in subparagraphs (1)-(4). Rule 414 - Similar Crimes in Child-Molestation Cases. (a) Permitted Uses. - Correct Answers In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any matter to which it is relevant. Rule 414 - Similar Crimes in Child-Molestation Cases. (b) Disclosure to the Defendant. - Correct Answers If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses' statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause. Rule 414 - Similar Crimes in Child-Molestation Cases. (c) Effect on Other Rules. - Correct Answers This rule does not limit the admission or consideration of evidence under any other rule. Rule 414 - Similar Crimes in Child-Molestation Cases. (d) Definition of "Child" and "Child Molestation" [In this rule and Rule 415] - Correct Answers (1) "child" means a person below the age of 14; AND (2) "child molestation" means a crime under federal or state law involving: -(A) any conduct prohibited by 18 USC chapter 109A and committed with a child; -(B) any conduct prohibited by 18 USC chapter 110; -(C) contact between any part of the defendant's body--or an object--and a child's genitals or anus; -(D) contact between the defendant's genitals or anus and any part of a child's body; -(E) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on a child; OR -(F) an attempt or conspiracy to engage in conduct described in subparagraphs (A)-(E). Rule 415 - Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation (a) Permitted Uses. - Correct Answers In a civil case involving a claim for relief based on a party's alleged sexual assault or child molestation, the court MAY admit evidence that the party committed any other sexual assault or child molestation. The evidence may be considered as provided in Rules 413 & 414. Rule 415 - Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation (b) Disclosure to the Opponent. - Correct Answers If a party intends to offer this evidence, the party must disclose it to the party against whom it will be offered, including witnesses' statements or a summary of the expected testimony. The party must do so at least 15 days before trial or at a later time that the court allows for good cause. Rule 415 - Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation (c) Effect on Other Rules - Correct Answers This rule does NOT limit the admission or consideration of evidence under any other rule. Rule 801 - Hearsay Definitions (a) Statement - Correct Answers A person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. Rule 801 - Hearsay Definitions (b) Declarant - Correct Answers The person who made the statement. Rule 801 - Hearsay Definitions (c) Hearsay - Correct Answers A statement that: (1) the declarant does NOT make while testifying at the current trial or hearing; AND (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (B) neither the source of info nor other circumstances indicate a lack of trustworthiness. Rule 803 - Exceptions to the Rule Against Hearsay (10) Absence of a Public Record - Correct Answers Testimony - or a certification under Rule 902 - that a diligent search failed to disclose a public record or statement if: (A) the testimony or certification is admitted to prove that .(i) the record or statement does not exist; OR .(ii) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind; AND (B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 14 days before trial, and the ∆ does not object in writing within 7 days of receiving the notice - unless the court sets a different time for the notice or the objection. Rule 803 - Exceptions to the Rule Against Hearsay (16) Statements in Ancient Documents - Correct Answers A statement in a document that is at least 20 years old and whose authenticity is established. Rule 803 - Exceptions to the Rule Against Hearsay (18) Statements in Learned Treatises, Periodicals, or Pamphlets - Correct Answers A statement contained in treatise, periodical, or pamphlet if: (A) the statement is called to the attention of an expert witness on cross-examination or relied on by the expert on direct examination; AND (B) the publication is established as a reliable authority by the expert's admission or testimony, by another expert's testimony, or by judicial notice. IF admitted, the statement may be read into evidence but not received as an exhibit. Rule 803 - Exceptions to the Rule Against Hearsay (21) Reputation Concerning Character. - Correct Answers A reputation among a person's associates or in the community concerning the person's character. Rule 803 - Exceptions to the Rule Against Hearsay (22) Judgment of a Previous Conviction - Correct Answers Evidence of a final judgment of conviction if: (A) the judgment was entered after a trial or guilty plea, but not a nolo contendere plea; (B) the conviction was for a crime punishable by death or by imprisonment for > a year. (C) the evidence is admitted to prove any fact essential to the judgment; AND (D) when offered by the prosecutor in a criminal case for a purpose other than impeachment, the judgment was against the ∆. The pendency of an appeal may be shown but does NOT affect admissibility. Rule 804 - Hearsay Exceptions; Declarant Unavailable (a) Criteria for Being Unavailable - Correct Answers A declarant is considered unavailable as a witness if the declarant: (1) is exempted from testifying about the subject matter of the declarant's statement because the court rules that a privilege applies; (2) refuses to testify about the subject matter despite a court order to do so; (3) testifies to not remembering the subject matter; (4) cannot be present or testify at the trial or hearing b/c of death or a then-existing infirmity, physical illness, or mental illness; OR (5) is absent from the trial or hearing and the statement's proponent has not been able, by process or other reasonable means, to procure: .(A) the declarant's attendance, in the case of a hearsay exception under Rule 804(b)(1) or (6); OR .(B) the declarant's attendance or testimony, in the case of a hearsay exception under Rule 804(b)(2), (3), or (4). **BUT this subdivision (a) does NOT apply if the statement's proponent procured or wrongfully caused the declarant's unavailability as a witness in order to prevent the declarant from attending or testifying. Rule 804 - Hearsay Exceptions; Declarant Unavailable (b) The Exceptions (The following are NOT excluded by the rule against hearsay if the declarant is unavailable as a witness) (1) FORMER TESTIMONY - Correct Answers Testimony that: (A) was given as a witness at trial, hearing, or deposition, whether given during the current proceeding or a different one; AND (B) is now offered against a party who had - or in a civil case, whose predecessor in interest had - an opportunity and similar motive to develop it by direct, cross- or redirect examination. Rule 804 - Hearsay Exceptions; Declarant Unavailable (b) The Exceptions (The following are NOT excluded by the rule against hearsay if the declarant is unavailable as a witness) (2) STATEMENT UNDER THE BELIEF OF IMMINENT DEATH - Correct Answers In a prosecution for homicide or in a civil case, a statement that the declarant, while believing the declarant's death to be imminent, made about its cause or circumstances. Rule 804 - Hearsay Exceptions; Declarant Unavailable (b) The Exceptions (The following are NOT excluded by the rule against hearsay if the declarant is unavailable as a witness) (3) STATEMENT AGAINST INTEREST - Correct Answers A statement that: (A) a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to civil or criminal liability; AND (B) is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability. Rule 804 - Hearsay Exceptions; Declarant Unavailable (b) The Exceptions (The following are NOT excluded by the rule against hearsay if the declarant is unavailable as a witness) (6) STATEMENT OFFERED AGAINST A PARTY THAT WRONGFULLY CAUSED THE DECLARANT'S UNAVAILABILITY - Correct Answers A statement offered against a party that wrongfully caused - or acquiesced in wrongfully causing - the declarant's unavailability as a witness, and did so intending that result. Rule 607 - Who May Impeach a Witness - Correct Answers Any party, including the party that called the witness, may attack the witness's credibility. Rule 608 - A Witness (a) Reputation or Opinion Evidence - Correct Answers A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. BUT evidence of truthful character is admissible ONLY after the witness's character for truthfulness has been attacked. Rule 608 - A Witness (b) Specific Instances of Conduct - Correct Answers Except for a criminal conviction under FRE 609, extrinsic evidence is not admissible to prove specific instances of a witness's conduct in order to attack or support the witness's character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; OR (2) another witness whose character the witness being cross-examined has testified about. By testifying on another matter, a witness does NOT waive any privilege against self- incrimination for testimony that relates only to the witness's character for truthfulness. Rule 609 - Impeachment by Evidence of a Criminal Conviction (a) In General - Correct Answers The following rules apply to attacking a witness's character for truthfulness by evidence of a criminal conviction: (1) for a crime that, in the convicting jurisdiction, was punishable by death or imprisonment for more than 1 year, the evidence: .(A) must be admitted, subject to FRE 403, in a civil case or in a criminal case in which the witness is not a defendant; AND .(B) must be admitted in a criminal case in which the witness is a defendant, if the probative value outweighs its prejudicial effect to that defendant; AND (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness admitting - a dishonest act or false statement. Rule 609 - Impeachment by Evidence of a Criminal Conviction (b) Limit on Using the Evidence after 10 Years - Correct Answers This subdivision (b) applies if more than 10 years have passed since the witness's conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if: