The Federal Rules of Evidence AnnotatedU.S. Environmental Protection Agency, Office of Enforcement, 1980 - 280 pages |
Common terms and phrases
5th RULE Accordingly accused Additionally admitted adverse party allows the admission apply authenticity authorized best evidence rule called certificate character character evidence circumstances CITE CIRCUIT COURT claim or defense COMMENTS This Rule competent conduct contents conviction copy counsel credibility crime criminal cross-examination D.C.Cir data compilation declarant declarant's defendant direct examination discretion document dumping duplicate ELEMENTS entry event excluded expert witness F.Supp hearing hearsay rule identification ILLUSTRATION Assume impeach inadmissible inasmuch judicial notice juror jury matter ment NAME CITE CIRCUIT nolo contendere objects offer of proof opinion original past sexual behavior personal knowledge photograph plea prejudice presumption prior inconsistent statement privilege probative value proceedings proof proponent prove purpose question rape reasonable rebut relevant reputation evidence rule allows RULE CASE NAME rules of evidence Subsequent Remedial Measures Supp testify testimony tion trial trier of fact trustworthiness truth unavailable unless writing
Popular passages
Page 113 - The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject...
Page 30 - Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by consideration of undue delay, waste of time, or needless presentation of cumulative evidence." 71 FED. R. EVID. 401. "DEFINITION OF RELEVANT EVIDENCE.
Page 247 - An Act authorizing suits against the United States in admiralty for damage caused by and salvage service rendered to public vessels belonging to the United States, and for other purposes," approved March 3, 1925 (46 USC 781-790), as implemented by section 7730 of title 10, United States Code.
Page 27 - Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Page 111 - If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue...
Page 70 - Rule 602. LACK OF PERSONAL KNOWLEDGE A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter.
Page 123 - A statement is not hearsay if — (1) Prior Statement by Witness. The declarant testifies at the trial or hearing and is subject to crossexamination concerning the statement...
Page 232 - Rule 1004. ADMISSIBILITY OF OTHER EVIDENCE OF CONTENTS The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if (1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or (2) Original not obtainable. No original can be obtained by any available judicial process or procedure; or (3) Original in possession of opponent. At a time when an original was under...
Page 83 - ... but only if the crime ( 1 ) was punishable by death or imprisonment in excess of one year under the law under which...
Page 68 - However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the privilege of a witness, person, government, State or political subdivision thereof shall be determined in accordance with State law.