Mock Trial Rules of Evidence

61 cards

This flash card set contains the cards necessary to familiarize oneself with the Rules of Evidence (accurate as of 2009) used in AMTA competitions. The answers are not necessarily word for word, and have been rephrased slightly in some places to better facilitate comprehension and memorization.


 
  
Created Aug 14, 2010
by
masterserin

 

 
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1
Rule 101. Scope
 
-Govern proceedings in the courts of the State of Midlands
-Recognized as being in the United...
2
Rule 102. Purpose and Construction
 
-Secure fairness in administration
-Elimination of unjustifiable expense and delay
3
Rule 103. Rulings on Evidence
 
-Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial...
4
Rule 103 c. Hearing of Jury
 
To the extent practicable, during jury hearings all effort must be made to avoid suggesting...
5
Rule 103 d. Plain Error
 
Nothing in this rule precludes plain error which substantially affects the rights of the party...
6
Rule 104. Preliminary Questions
 
Questions regarding the qualifications of a witness, the existence of a privilege, or the admissibility...
7
Rule 104 b. Relevancy conditioned on fact
 
If the relevancy of testimony or a piece of evidence rests on the condition of fact, the court...
8
Rule 106. Remainder of or Related Writings or Recorded Statements
 
When a writing, recording, or other form of statement is submitted in part, any party may require...
9
Rule 201. Judicial Notice of Adjudicative Facts
 
-A judicially noted fact for the purposes of adjudication is one that is not subject to reasonable...
10
Rule 301. Presumptions in General in Civil Actions and Proceedings*
 
In all civil actions in the State of Midlands, a presumption imposes on the party on which...
11
Rule 401. Definition of Relevant Evidence
 
“Relevant evidence” means any evidence tending to makes the existence or nonexistence of...
12
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
 
All relevant evidence is admissible, except as otherwise provided by the Constitution of the...
13
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
 
Although relevant, evidence may be excluded if its probative value is substantially outweighed...
14
Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes
 
a. Character evidence is generally inadmissible for the purposes of proving conformity of action,...
15
Rule 404.b. Other Crimes, Wrongs, or Acts
 
Evidence of other crimes, wrongs or acts is inadmissible to prove conformity with, though it...
16
Rule 405. Methods of Proving Character
 
a. In all cases in which character evidence is admissible, proof may be made in the form of...
17
Rule 406. Habit, Routine Practice
 
Evidence of the habit of a person or of the routine practice of an organization, whether corroborated...
18
Rule 407. Subsequent Remedial Measures*
 
When, after an injury or harm allegedly caused by an event,
measures are taken that, if...
19
Rule 408. Compromise and Offers of Compromise*
 
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering...
20
Rule 409. Payment of Medical and Similar Expenses
 
Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses...
21
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements
 
Except as otherwise provided in this rule, evidence of the
following is not, in any civil...
22
Rule 411. Liability Insurance
 
Evidence that a person was or was not insured against liability is not admissible upon the...
23
Rule 501. Privileges Recognized
 
Only privileges granted by a statute of the state of Midlands or by Midlands Case law shall...
24
Rule 601. General Rule of Competency
 
Every person is competent to be a witness under Midlands law except as otherwise provided by...
25
Rule 602. Lack of Personal Knowledge
 
A witness may not testify to a matter unless evidence is introduced sufficient to support a...
26
Rule 603. Oath or Affirmation
 
Before testifying, every witness shall be presumed to have been sworn in, by oath or affirmation...
27
Rule 605. Competency of Judge as Witness
 
The judge presiding at trial may not testify in that trial. No objection need be made to preserve...
28
Rule 607. Who May Impeach
 
The credibility of a witness may be impeached by any party, including the party who called...
29
608.a. Evidence of Character and Conduct of Witnesses
 
The credibility of a witness may be attacked or supported by evidence in the form of opinion...
30
608.b. Specific Instances of Conduct
 
Specific instances of the conduct of a witness, for the purpose of attacking or supporting...
31
609. Impeachment by Evidence of Conviction of a Crime
 
a. General Rule: evidence is admissible if the crime was punishable by death or imprisonment...
32
610. Religious Beliefs or Opinions
 
Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for...
33
611. Mode and Order of Interrogation and Presentation
 
(b) Scope of cross-examination. Cross-examination, other than the initial cross-examination,...
34
Rule 612. Writing Used to Refresh Memory
 
A witness may use any material provided by AMTA to refresh memory either during or prior to...
35
Rule 613. Prior Statements of Witnesses
 
(a) Examining witness concerning prior statement. In
examining a witness concerning a prior...
36
Rule 614. Calling and Interrogation of Witnesses by Court
 
Calling and/or interrogation of witnesses by court is not allowed.
37
Rule 615. Exclusion of Witnesses
 
At the request of a party the court shall order witnesses
constructively excluded so that...
38
Rule 701. Opinion Testimony by Lay Witnesses
 
If the witness is not testifying as an expert, the witness' testimony in the form of opinions...
39
Rule 702. Testimony by Experts
 
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand...
40
Rule 703. Bases of Opinion Testimony by Experts
 
The facts or data in the particular case upon which an expert bases an opinion or inference...
41
Rule 704. Opinion on Ultimate Issue
 
(a) Except as provided in subdivision (b), testimony in the form of an opinion or inference...
42
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
 
The expert may testify in terms of opinion or inference and give reasons therefor without first...
43
Rule 801. Definitions
 
The following definitions apply under this article:
(a) Statement. A "statement" is (1)...
44
Rule 801.d. Statements that are not hearsay
 
(1) Prior statement by witness. The declarant testifies at the
trial or hearing and is subject...
45
Rule 802. Hearsay Rule
 
Hearsay is not admissible except as provided by these rules or by other rules prescribed by...
46
Rule 803. Hearsay Exceptions, Availability of Declarant Immaterial
 
(1) Present sense impression. A statement describing or
explaining an event or condition...
47
Rule 804. Hearsay Exceptions; Declarant Unavailable
 
(b) Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant...
48
Rule 805. Hearsay Within Hearsay
 
Hearsay included within hearsay is not excluded under the hearsay rule if each part of the...
49
Rule 806. Attacking and Supporting Credibility of Declarant
 
When a hearsay statement, or a statement defined in Rule
801(d)(2)(C), (D), or (E), has...
50
Rule 901. Requirement of Authentication or Identification
 
(a) General provision. The requirement of authentication or
identification as a condition...
51
Rule 1001. Definitions
 
For purposes of this article the following definitions are applicable:
(1) Writings and...
52
Rule 1002. Requirement of Original
 
To prove the content of a writing, recording, or photograph, the original writing, recording,...
53
Rule 1003. Admissibility of Duplicates
 
A duplicate is admissible to the same extent as an original unless (1) a genuine question is...
54
Rule 1004. Admissibility of Other Evidence of Contents
 
The original is not required, and other evidence of the contents of a writing, recording, or...
55
Rule 1005. Public Records
 
The contents of an official record, or of a document authorized to be recorded or filed and...
56
Rule 1006. Summaries
 
The contents of voluminous writings, recordings, or photographs which cannot conveniently be...
57
Rule 1007. Testimony or Written Admission of Party
 
Contents of writings, recordings, or photographs may be proved by the testimony or deposition...
58
Rule 1008. Functions of Court and Jury
 
When the admissibility of other evidence of contents of writings, recordings, or photographs...
59
Rule 1101. Applicability of Rules
 
(a) Courts and judges. These rules apply to all courts in the State of Midlands.
(b) Proceedings...
60
Rule 1102. Amendments
 
Amendments to the Midlands Rules of Evidence may be made at the annual AMTA Board Meeting or...
61
Rule 1103. Title
 
These rules shall be known and cited as the Midlands Rules of Evidence.

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