Evidence Flashcards

Under the Federal Rules of Evidence, evidence is relevant if it has what effect on a fact of consequence?

Answer: It makes the fact more or less probable than without the evidence

FRE 401 defines relevant evidence as that which makes a fact of consequence more or less probable than it would be without the evidence.

A statement qualifies as hearsay when it is an out-of-court statement offered for what purpose?

Answer: To prove the truth of the matter asserted

Under FRE 801(d), hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted.

Under the excited utterance exception to hearsay (FRE 803(2)), a statement is admissible if it relates to a startling event and is made:

Answer: While the declarant is under the stress of excitement caused by the event

FRE 803(2) requires the statement to relate to a startling event and be made while the declarant was still under the stress of excitement it caused.

The original writing rule (FRE 1002) generally requires production of the original document when a party seeks to:

Answer: Prove the contents of the writing

FRE 1002 requires the original document to be produced when a party seeks to prove its contents, subject to exceptions for duplicates and unavailable originals.

Under FRE 404(b), evidence of a defendant's prior bad acts is generally inadmissible to prove character but may be admitted to prove:

Answer: Motive, intent, plan, knowledge, identity, or absence of mistake

FRE 404(b) bars propensity evidence but permits prior bad acts evidence for specific purposes including motive, intent, plan, knowledge, identity, and absence of mistake.

The psychotherapist-patient privilege in federal proceedings was recognized by the Supreme Court in Jaffee v. Redmond (1996) under which rule?

Answer: FRE 501

The Supreme Court in Jaffee v. Redmond (1996) recognized the psychotherapist-patient privilege under FRE 501, which delegates privilege questions to common law principles.

Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove negligence, but may be admitted to prove:

Answer: Ownership, control, or feasibility of precautionary measures if disputed

FRE 407 excludes subsequent remedial measures to prove fault but permits their admission to prove ownership, control, or feasibility when those issues are genuinely disputed.