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113 cards

1What is relevant evidence?
2For purposes of determining whether evidence is relevant, what is a fact of consequence?
3Is relevant evidence admissible even if it is not very persuasive?
4What is the doctrine of curative admissibility?
5What is direct evidence?
6What is circumstantial evidence?
7What is conditional relevance?
8Is irrelevant evidence ever admissible?
9What is probative value?
10The defendant, an art dealer with 20 years of experience, was charged in federal court with conspiring to receive stolen Egyptian antiquities in vi...
11A composer sued a record company for breach of contract, alleging that the company failed to promote the composer’s record as promised and that, as...
12May a judge exclude otherwise-relevant evidence as a matter of discretion?
13Under what circumstances must a court exclude evidence unless its probative value substantially outweighs its prejudicial effects?
14What factors will a court consider in determining whether evidence is more prejudicial than probative?
15What is unfair prejudice?
16If a party seeks to introduce unfairly prejudicial evidence, what must the court consider as an alternative?
17In a criminal case, may the court admit a witness’s plea agreement with the government offered to demonstrate that the witness is biased against th...
18Why should a court scrutinize expert testimony more closely than lay testimony for potential unfair prejudice?
19Generally, if there is no jury, should evidence be excluded on account of the risk of unfair prejudice?
20Once a party sufficiently proves a point, does the court have discretion to preclude the admission of additional evidence further proving the point?
21The defendant was charged with attempting to board an aircraft with a concealed weapon. The agents who searched the defendant’s suitcase found a fu...
22The defendant was charged with use of force to interfere with housing rights on account of race. The defendant allegedly fired two shots into the h...
23May a court exclude evidence if its probative value is substantially outweighed by a risk of confusing the issues or misleading the jury?
24May a court exclude evidence if its probative value is substantially outweighed by a risk of wasting time or causing undue delay?
25What is authentication?
26What must a proponent of a piece of evidence produce to satisfy the standard of proof for authentication?
27Is there a specific method for the authentication of evidence?
28Generally, how is a photograph authenticated?
29May tape recordings be authenticated?
30What is the chain of custody?
31May Internet evidence be authenticated?
32Is authenticated evidence automatically admissible?
33The defendant was charged with defrauding a federally insured bank by forging his ex-wife’s name on a series of checks. At trial, the prosecution c...
34The defendant was charged with trafficking in counterfeit wristwatches. At trial, the agent who purchased the watches testified that she placed the...
35What is self-authenticating evidence?
36What is character evidence?
37Can a party offer evidence to show that a person has a specific character or character trait and therefore likely acted in a way that was consisten...
38May character evidence be admissible in a criminal prosecution?
39May a criminal defendant introduce character evidence about a victim?
40What is the mercy rule?
41Can a prosecutor offer rebuttal evidence under the mercy rule?
42Can the mercy rule be used in civil cases?
43The defendant allegedly used a sawed-off shotgun to rob a convenience store. The defendant was charged in federal court with armed robbery affectin...
44The defendant was charged with assaulting a federal law enforcement officer. The defendant argued that the officer assaulted him first and that he ...
45Once a defendant introduces reputation or opinion evidence of his own character or the alleged victim’s character under the mercy rule, what can th...
46For what purpose may evidence of non-defendant witness’s character be admitted?
47Is evidence of a person’s prior bad acts admissible to show that the person has the propensity to act in accordance with those bad acts?
48Can a party seek to demonstrate a person’s character or character trait through a character witness’s testimony about the person’s reputation?
49Can a party ask a character witness about specific instances of a person’s conduct?
50What kinds of questions can a prosecutor ask on cross-examination after the defense calls a reputation or opinion witness to testify about the defe...
51Is it permissible to test a character witness’s knowledge or credibility with respect to a criminal defendant using extrinsic evidence to prove the...
52Can a party cross-examining a character witness ask about a criminal defendant’s prior bad acts only if the party has a good-faith basis for asking...
53How does a court determine if character is an essential element of a charge, claim, or defense?
54What kind of evidence can a party offer if character is an essential element of a charge, claim, or defense?
55Survivors of a plane crash brought a negligent entrustment claim against the airline in federal court. They alleged that (1) the crash was caused b...
56After allegedly beating an acquaintance to death at a bar, the defendant was charged with murder in federal court. The defendant claimed that he ac...
57What is habit evidence?
58Is evidence of a person’s habit admissible to show that the person acted in conformity with that habit on a particular occasion?
59What is the difference between character and habit?
60A patient sued a dentist claiming that the patient suffered permanent numbness after the dentist severed a nerve during surgery. At trial, the pati...
61An employee of a railroad brought a claim alleging that he tripped over a lump of coal on a walkway near tracks in the railyard and injured his leg...
62How do courts define organizations?
63Can habit and routine practice be proven by evidence of specific instances of conduct or by routine testimony?
64Does evidence of a person’s habit need to be corroborated by an eyewitness?
65For what purposes can a party offer evidence that a person has committed a prior or subsequent crime, wrong, or other act?
66A husband was charged in federal court with murdering his wife. The prosecutor alleged that the husband found a remote area, took his wife hiking, ...
67What determination must a court make before admitting similar acts evidence?
68What factors should a court consider in determining whether similar acts evidence is more prejudicial than probative?
69Can a party to introduce similar acts evidence in both civil and criminal cases?
70The defendant was charged with robbing a federally-insured bank. Prosecutors alleged that the defendant wore a ski mask and brown work overalls. He...
71Is evidence that a defendant previously committed sexual assault or child molestation admissible if the defendant does not open the door?
72Must a party give prior notice if it intends to introduce evidence of a defendant’s prior sexual misconduct?
73Is evidence of a defendant’s prior sexual misconduct limited to sexual misconduct for which the defendant has been convicted or formally charged?
74Does a court have discretion to exclude evidence of a defendant’s prior sexual misconduct?
75Is evidence of a defendant’s prior sexual assault or child molestation admissible in all cases involving sexual misconduct?
76What procedure must a prosecutor follow before the prosecutor can offer evidence of a defendant’s prior sexual assault or child molestation as evid...
77The defendant was charged in federal court with sexual assault. At trial, the prosecutor called a woman who testified that the defendant raped her ...
78On what basis may a witness be qualified as an expert?
79What are proper topics for expert testimony?
80What steps must a party take to qualify a witness as an expert?
81May a witness be qualified as an expert without any formal training in the relevant subject area?
82May a single witness testify as both a lay witness and as an expert witness?
83The defendants were charged in federal court with conspiracy to distribute cocaine. The prosecutor moved to qualify a co-conspirator as an expert w...
84The defendants were charged in federal court with receiving stolen cars. The prosecutors alleged that the defendants ran a chop shop, in which they...
85Does an expert need personal knowledge of the facts about which he or she will testify?
86May an expert base his or her testimony on inadmissible evidence?
87Under what circumstances may an expert who based an opinion on inadmissible evidence disclose that evidence to the jury on direct examination?
88May an expert base an opinion solely on facts provided to her in a hypothetical question?
89A warehouse was destroyed in a fire. The insurance company refused to pay on the insurance policy. The owner sued the insurance company for breach ...
90A patient suffering from neurological problems after aortic valve surgery sued the surgeon for malpractice and called an expert at trial. The exper...
91What is an ultimate issue?
92May a lay witness give an opinion on the ultimate issue in a case?
93May an expert witness give an opinion on the ultimate issue in a case?
94May a lay witness in a criminal case testify about the defendant’s mental state in the form of an opinion?
95A firefighter for the U.S. Forest Service was charged with arson after setting 15 fires in a national forest. The firefighter asserted the affirmat...
96A driver who entered an intersection with a green light hit a pedestrian who was crossing the street against the light. The pedestrian sued, allegi...
97What three requirements must expert testimony meet before a court may admit it?
98What factors should a court consider in determining whether expert testimony is reliable?
99Are courts required to ensure the reliability of all expert testimony, regardless of the subject matter?
100Must a court determine whether an expert’s testimony is relevant, necessary, and appropriately limited before admitting it?
101A nuclear plant worker sued his employer, alleging that he developed cataracts from exposure to radiation. At a Daubert hearing to determine whethe...
102A dock worker brought a claim for negligence after his arm got caught between a dock-lift railing and a handrail, severing his thumb. At the time o...
103When giving an opinion or the reasons for an opinion, is a testifying expert required to state the facts or data underlying that opinion?
104May an expert be required to state the facts or data underlying an opinion during cross-examination?
105A contractor was charged with defrauding the United States government. The contractor pled insanity. At trial, the prosecutor called an expert psyc...
106A customer leaving a funeral home slipped on the stairs, tried to grab the handrail, and fell, suffering serious injuries. The customer sued the fu...
107What is real evidence?
108What is demonstrative evidence?
109What is the standard for determining the admissibility of demonstrative evidence?
110May a court admit evidence in the form of a demonstration or experiment?
111A consumer brought a products-liability action in federal court against the manufacturer of a riding lawn mower. The consumer had been mowing for a...
112A defendant was charged with possession of unregistered firearms. Prosecutors alleged that the defendant constructed and detonated three pipe bombs...
113Under what circumstances is evidence of a defendant’s character or prior acts admissible in a case-in-chief?

What is relevant evidence?

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