Midlands Rules of Evidence (State v. Dawson)

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Can you name the Midlands Rules of Evidence (State v. Dawson)?

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Irrelevant
Evidence
What is the evidence rule number that you would cite when addressing the court? 
The rule states: 'Relevant evidence' means any evidence tending to make the existence or non-existence necessary for the _______ of the action more or less probable. 
When objecting that testimony is inadmissible due to irrelevance you are objecting under evidence rule number...? 
The rule states: Evidence which is not relevant is not _______. 
Prejudice, Confusion, or Waste of time
When objecting that evidence is too prejudicial you would cite this evidence rule. 
When objecting that evidence is cumulative you would cite this evidence rule. 
The rule states: Relevant evidence may be excluded for unfair prejudice, cumulative evidence, undue delay and/or...? 
Inadmissible Character Evidence
When objecting that character evidence is not admissible to prove conformity you would cite this evidence rule. 
Exception to the character evidence rule for the Defendant is...? 
The rule states: That if evidence of a character trait is offered by the ______, the prosecution may rebut that character trait. 
When fighting an inadmissible character evidence objection, regarding other acts, crimes, or wrongs, of the defendant, you would cite this evidence rule. 
The rule states: May not use evidence to show conformity of an act, only to show proof of motive, opportunity, plan, knowledge, preparation, or absence of an accident or _________. 
Subsequent Remedial Measures
The Evidence Rule you cite when objecting or responding to an objection. 
The rule states: You may not enter subsequent remedial measures into evidence to prove _________, culpable conduct, _________, or a need for a warning. 
The defense would like to submit that ________ ________ has not been excluded in criminal cases under rule _____ in the courts of this Country. 
Or, Rule ______ was meant to be utilized in _____ cases and should not be applicable in criminal cases. 
Speculation/Lack of Personal Knowledge
The rule you would cite when responding to an objection or objecting yourself is evidence rule...? 
The rule states: A witness may not testify to a matter unless evidence is introduced sufficent to support a finding that the witness has _______ ___________ of the matter. 
The rule also states: Evidence to prove personal knowledge may, but need not, consist of the witness' ____ ________. 
Scope of Cross Examination
The rule you would cite when stating that, for example, a question on re-cross was outside the scope of the re-direct 
The rule states: Cross examination, other than the _____ cross examination, should be limited to the subject matter of the direct examination immediately preceding it. 
Therefore, you may also cite this rule when fighting an objection that your _____ cross examination was outside the scope of the direct.  
Leading
The rule you would cite when objecting to leading questions. 
The rule states: Leading questions cannot be used on _____ examination. 
The rule also states that you made lead on _______ examination to ________ the witness' testimony. 
Opinion Testimony of Lay Witness
The rule you would cite when objecting or fighting an objection involving the opinion of a lay witness. 
The rule states: The lay witness' testimony in the form of opinions or inferences is limited to; 1.) opinions that are ________ based upon the perception of the witness... 
...2.) helpful to a clear _________ of the witness' testimony or the determination of a fact in issue... 
...and 3.) not based on ________, technical, or other specialized knowledge. 
Expert
Testimony
Rule you would cite when objecting to the testimony of an expert witness when foundation has not been laid to show that the witness is qualified. 
The rule states: That if a witness uses scientific, techinical, or other specialized knowledge and is qualified by education, experience, or training, they may testify as an expert if: 1.) the testimony is based upon sufficient _______ and ________... 
....2.) the testimony is the product of _________ principal and methods 
...and 3.) the wtiness has applied the principles and methods reliably to the ____ of the ____. 
Opinion on the Ultimate Issue
Rule that you would cite when responding to an objection regarding a lay witness' testimony embracing the ultimate issue. 
The rule states: Otherwise admissible testimony or opinion is ___ _________ just because it embraces the ultimate issue. 
Rule that you cite when responding to an objection regarding the ultimate issue when directing/crossing Foster or Roman 
The rule states: An expert witness may give an opinion regarding the ultimate issue as long as the expert does not testify to the ______ state or condition of the defendant. 
May also use this rule to object to testimony from both Smith and Norton, regarding the ultimate issue on whether or not Danny was or was not ______. 
Hearsay
Testimony
The Hearsay rule that you would object under. 
An EXEMPTION of Hearsay - Evidence rule for Admission by Party Opponent 
An EXCEPTION of Hearsay - Present Sense Impression 
The rule states: A statement describing or explaining an event that was made by the declarant while the declarant was ________ the event, or immediately thereafter. 
An EXCEPTION of Hearsay - Excited Utterance 
The rule states: A statement relating to a ________ event made while the declarant was under the stress of the excitement caused by the event. 
An EXCEPTION of Hearsay - Reputation as to Character 
The rule states: Reputation of a person's character among associates in the community is an _________ to the Hearsay rule. 
The rule that defines a declarant as unavailable due to their death 
An EXCEPTION of Hearsay - Declarant unavailable due to their death - Forfeiture of wrongdoing 
The rule states: A statement that is offered against a party that has engaged in wrongdoing that ________ the unavailability of the declarant as a witness.  
The catch-all response to a Hearsay objection: The testimony does not go to show the... 

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Created Jan 23, 2012ReportNominate
Tags:state, dawson, evidence, rule