Evidence & Trial Practice Flashcards

Under FRE 611(c), leading questions are ordinarily permitted on direct examination when the witness is:

Answer: A hostile witness, an adverse party, or a witness identified with an adverse party

FRE 611(c)(2) allows leading questions on direct for hostile and adverse-party witnesses.

After a defendant makes a prima facie showing that a prosecutor used a peremptory strike based on race, under Batson v. Kentucky the next step is:

Answer: The prosecutor must offer a race-neutral explanation

Batson's second step shifts the burden of production to the striking party to give a race-neutral reason.

Under FRCP 50(b), a renewed motion for judgment as a matter of law must be filed:

Answer: No later than 28 days after entry of judgment

FRCP 50(b) requires the renewed motion no later than 28 days after entry of judgment.

When the court excludes evidence, to preserve the issue for appeal counsel generally must:

Answer: Make an offer of proof informing the court of the substance of the evidence

FRE 103(a)(2) requires an offer of proof unless the substance was apparent from context.

Under FRE 615, which person may NOT be excluded from the courtroom upon a party's request to sequester witnesses?

Answer: A party who is a natural person

FRE 615 exempts a party who is a natural person, an entity's designated representative, essential persons, and persons authorized by statute.

In a criminal case, when the court takes judicial notice of an adjudicative fact, the jury must be instructed that it:

Answer: May or may not accept the noticed fact as conclusive

FRE 201(f) protects the jury's role in criminal cases by making judicially noticed facts non-binding.

After an accident, the defendant installed a guardrail. Evidence of the repair is admissible under FRE 407 to prove:

Answer: Ownership or control, if disputed

Subsequent remedial measures are barred to prove fault but allowed for other purposes such as disputed ownership, control, or feasibility.