Preliminary Questions of

Admissibility

Federal Rule Evidence 104:

1. Witness qualifications

2. Existence of a privilege

3. Whether a hearsay exception

applies

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(A) INCORRECT

(C) CORRECT

(D) INCORRECT

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 Habit Evidence
Federal Rule Evidence 406:
Evidence of the habit of a person, or the
routine practice of an organization,
whether corroborated or not and
regardless of the presence of
eyewitnesses, is admissible to prove
conduct.

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Subsequent Remedial Measures

Federal Rule Evidence 407:

Definition: Evidence of subsequent
remedial measures is inadmissible to
prove negligence, design defect or
the need for a warning.

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C- CORRECT

A- INCORRECT

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 Character Evidence in
Criminal Cases

Rule: A defendant may “open the

door” with reputation or opinion
evidence of his good character to
prove his innocence and the
prosecution may so rebut.

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 Mimic Rule
M Motive
I Intent
M Absence of Mistake/Knowledge
I Identity
C Common Plan or Scheme

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 Impeachment by Character
Evidence
1. Reputation or opinion evidence of a
witness for truthfulness or
untruthfulness
2. “Bad Act” impeachment
3. Felony convictions
4. Convictions of crimes involving
dishonesty or false statement

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 Approach to Hearsay
1. Isolate the statement
2. Determine who is the declarant
3. Purpose for which the evidence is
being offered:
1. for its truth = hearsay

2. not for its truth= nonhearsay

4. Apply the hearsay exceptions

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 Dying Declaration
Federal Rule Evidence 804 (b)
1. Statement must concern cause or
circumstances of death
2. Unavailable declarant

3. Criminal homicide case or any civil

case
4. Declarant’s belief of imminent death

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 Excited Utterance

Federal Rule Evidence 803 (2)

Statement relating to a startling
event made while declarant was
under the stress of excitement
caused by the event.

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Present Sense Impression

Federal Rule Evidence 803 (1)

Statement describing or
explaining an event made while or
immediately after perceiving it.

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 Declaration Against Interest
Federal Rule Evidence 804 (b)
Statement of an
1. Unavailable

2. Non-party

3. Against interest when made

(penal, pecuniary or proprietary)

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3 Ways to Authenticate Handwriting

Federal Rule Evidence 901 (b) (2)

1. Layperson with familiarity

2. Comparison by an expert

3. Comparison by the trier of fact

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