What FRE 104?
What FRE 104?
(a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.
What is the purpose of FRE 103?
The amendment provides that a claim of error with respect to a definitive ruling is preserved for review when the party has otherwise satisfied the objection or offer of proof requirements of Rule 103(a).
What is conditional relevance?
Evidence is said to be conditionally relevant if its relevance depends upon the satisfaction of a factual condition: [I]t often happens that upon an issue as to the existence of fact C, a combination of facts A and B will be highly relevant, but either without the other will have no significance.
What is a curative admission?
The doctrine of curative admissibility allows a litigant to introduce otherwise inadmissible evidence to rebut the admission of improper evidence by an opponent.
What is a cut throat Defence?
When one defendant in a criminal trial seeks to advance a defence case to the effect that the perpetrator of a criminal act was their co-accused (ie blaming their co-accused), this is called cutting their co-accused’s throat, or a ‘cut throat defence’.
What is an offer of proof in law?
A lawyer’s response to opposing counsel’s objection to the admissibility of evidence at trial. An offer of proof serves two purposes, providing the proponent of the evidence the opportunity to persuade the judge not to exclude the evidence, and preserving the error on the record for appellate review.
Can you read from notes in court?
Asking a witness to read out loud from a document in evidence is probative of nothing except that the witness is literate and can read, which is never an issue anyway. If the document is not in evidence, the witness cannot read out loud from it under any circumstances.
Can photos be hearsay?
As David Binder puts it in the Hearsay Handbook, a “photograph is usually passive, not assertive, in nature,” and therefore would not typically constitute hearsay.
