Evidence Flashcards

Pennsylvania adopted the Federal Rules of Evidence in 1998 as the Pennsylvania Rules of Evidence. Under Pa. R.E. 401, evidence is relevant if it:

Answer: Has any tendency to make a fact of consequence more or less probable than it would be without the evidence

Pa. R.E. 401 defines relevant evidence as evidence having any tendency to make a fact of consequence in determining the action more or less probable than without the evidence — a low threshold.

Under Pa. R.E. 403, relevant evidence may be excluded when its probative value is:

Answer: Substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury

Rule 403 gives the court discretion to exclude relevant evidence when its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, or misleading the jury.

Under Pa. R.E. 404(b), evidence of a defendant's prior bad acts may be admissible for which purpose?

Answer: To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Rule 404(b) prohibits prior bad acts to prove character but allows them for limited non-character purposes including proving motive, intent, knowledge, identity, absence of mistake, or common scheme or plan.

Pennsylvania Rule of Evidence 501 governs privileges. The attorney-client privilege protects:

Answer: Confidential communications between attorney and client made for the purpose of obtaining legal advice

The attorney-client privilege applies to confidential communications between attorney and client made in the course of seeking or rendering legal advice and may be asserted by the client.

Under Pa. R.E. 801, hearsay is defined as:

Answer: A statement other than one made while testifying at trial offered to prove the truth of the matter asserted

Pa. R.E. 801(c) defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted in the statement — the defining element is the purpose for which it is offered.

Under Pa. R.E. 803(2), which hearsay exception covers a statement relating to a startling event made while the declarant was under the stress of excitement caused by the event?

Answer: Excited utterance

The excited utterance exception under Pa. R.E. 803(2) applies to a statement relating to a startling event made while the declarant was under the stress of excitement caused by that event, reducing the risk of deliberate fabrication.