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Offering Evidence
Content Type: Outline

A. Offering Evidence: When a party anticipates a significant objection to evidence it plans to offer, the offering party may file an in limine motion seeking an advance ruling on the admissibility and use of the evidence in question. If a party plans to offer evidence of a type generally prohibited by the FRE, that party almost always files an in limine motion. B. Objecting to the admission or use of evidence: ...

Presentation Of Oral Testimony
Content Type: Outline

A. Direct Examination: 1. Generally: Direct examination typically consists of open-ended questions that invite the witness to responds with a narrative manner. ...

Cross-Examination
Content Type: Outline

A. Generally: Cross-examination is a mode of interrogation generally accomplished by leading in the witness and by posing close-ended or “yes/no” questions to the witness. B. As a Method of Testing Witness Reliabilty: In the adversary system, cross-examination serves as the primary mode for testing the reliability of evidence provided through oral testimony. C. In Criminal Cases: In a criminal case, the Confrontation Clause operates to permit a defendant to confront and cross-examine witnesses against him. ...

MATTERS AVAILABLE FOR INQUIRY ON CROSS
Content Type: Outline

A. Matters Within Scope of Direct Examination: The majority rule in this country is that cross-examination is limited by the scope of the direct examination. This rule does not limit the cross-examiner is to questions about the witness’s specific testimony. Once the "door has been opened" for questioning about a specific subject, the cross-examiner may inquire further about that subject. ...

Case Overviews
Content Type: Outline

Crawford v. Washington: Facts: Michael and Sylvia Crawford were arrested and charged with assault. Following her arrest, Sylvia Crawford made a tape-recorded statement to police. At Michael's trial, the prosecution subpoenaed Sylvia to the witness stand. However, Michael invoked his spousal privilege and Sylvia did not testify. Over Michael's objection, the prosecution introduced into evidence Sylvia's tape recorded statement. ...

Statements Defined As “Not Hearsay”
Content Type: Outline

FRE 801(d) states that a statement is not hearsay if, the statement is a prior statement by the witness or is an admission by a party-opponent, and meets rule-specific criteria. A. Prior Statement by a Witness (FRE 801(d)(l) & (2)): The following statements are not hearsay if: (1) the declarant testifies at the trial or hearing and (2) is subject to cross-examination about the statement: 1. Prior Inconsistent Statement: A prior statement, made under oath is not hearsay, if it is inconsistent with the declarant’s testimony. ...

Exceptions To The Hearsay Rule
Content Type: Outline

1. FRE 803: Hearsay exceptions found in FRE 803 apply regardless of declarant’s availability. This section of the outline also mentions any significant distinctions between the common law rule and the rule codified in the FRE. ...

Constitutional Issues Arising In Criminal Cases
Content Type: Outline

A. Confrontation Clause Generally: The Sixth Amendment Confrontation guarantees a criminal defendant the right "to be confronted with the witnesses against him." The Confrontation Clause applies in state and federal prosecutions and operates independently of any hearsay rules. Evidence otherwise admissible under the hearsay rules must nevertheless be excluded if it will violate the defendant’s right to confront and cross-examine the declarant. B. The Confrontation Clause and hearsay under the rule of Ohio v. Roberts: Ohio v. Roberts made hearsay evidence admissible in a criminal cas ...

Hearsay
Content Type: Outline

A. General Rule: A statement made out-of-court is generally not admissible in court, if the statement is being offered to prove the truth of the matter asserted in the out-of-court statement. B. Rationale: The prohibition against the admission of hearsay evidence reflects a general policy concern with the integrity of the adversary system. Specific justifications for the hearsay rules include: ...

Hearsay Under The Fre
Content Type: Outline

A. Generally: FRE 801 defines a hearsay statement as “a statement, other than one made by a declarant while testifying in court, that is offered into evidence to prove the truth of the matter asserted in the out-of-court statement. This is substantially the same definition as that used at common law. Hearsay is not admissible in federal court unless the FRE or other laws specifically authorize its admission. (See FRE 802). B. Terms Defined: ...