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USA · 2L · Evidence

Federal Rules of Evidence

Relevance, hearsay and experts.

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  1. 1.FRE 401 — test for relevance?

    Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.

    Fed. R. Evid. 401

  2. 2.FRE 403 — when can relevant evidence be excluded?

    If its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

    Fed. R. Evid. 403

  3. 3.FRE 801(c) — definition of hearsay?

    A statement that the declarant does not make while testifying at the current trial or hearing, offered in evidence to prove the truth of the matter asserted.

    Fed. R. Evid. 801(c)

  4. 4.FRE 404(b) — other crimes, wrongs or acts?

    Not admissible to prove character in order to show action in conformity, but may be admissible for another purpose such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

    Fed. R. Evid. 404(b)

  5. 5.Daubert v. Merrell Dow Pharmaceuticals (1993) — held?

    The FRE superseded the Frye "general acceptance" test; under Rule 702 the trial judge is a gatekeeper who must ensure expert testimony is relevant and reliable.

    Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)

  6. 6.Crawford v. Washington (2004) — Confrontation Clause rule?

    Testimonial statements of a witness absent from trial are admissible only if the declarant is unavailable and the defendant had a prior opportunity for cross-examination.

    Crawford v. Washington, 541 U.S. 36 (2004)