Evidence Flashcards

Under the Federal Rules of Evidence, relevant evidence is defined as evidence that:

Answer: Has any tendency to make a fact of consequence more or less probable

Under FRE 401, relevance requires only that evidence have any tendency (even a small tendency) to make a consequential fact more or less probable than it would be without the evidence.

Hearsay is defined as an out-of-court statement offered to prove:

Answer: The truth of the matter asserted

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in the statement; if offered for another purpose, it is not hearsay.

Under FRE 404(b), evidence of prior bad acts by a defendant is inadmissible to show propensity but may be admissible to show:

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

Rule 404(b) permits prior act evidence for non-propensity purposes including proving motive, intent, knowledge, identity, plan, opportunity, preparation, or absence of mistake or accident.

A witness testifies that the defendant appeared nervous. This is best characterized as:

Answer: Admissible lay opinion testimony based on personal observation

Under FRE 701, lay opinion testimony is admissible if rationally based on the witness's perception, helpful to understanding the testimony, and not based on specialized knowledge; nervousness is a classic permissible lay opinion.

The attorney-client privilege protects communications that are:

Answer: Confidential communications between attorney and client made for the purpose of seeking or rendering legal advice

The attorney-client privilege applies to confidential communications between attorney and client made for the purpose of obtaining or providing legal advice, and requires that the confidentiality be maintained.

Under the best evidence rule (FRE 1002), to prove the content of a writing, recording, or photograph, a party must generally produce:

Answer: The original

The best evidence rule requires production of the original writing, recording, or photograph when a party seeks to prove its content, though duplicates and excuses for non-production are recognized.