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Evidence Law Lecture 1 (of 3) (Part 2): Relevance and Witness Examination.
Evidence law ensures fair, efficient, and reliable trials by determining what information is admissible in court. The Federal Rules of Evidence (FRE) guide federal courts and influence state rules, promoting uniformity and fairness [1]. Attorneys need to understand how courts assess evidence to present persuasive arguments, using both procedural rules and judicial discretion. Courts balance probative evidence with fairness, excluding prejudicial, misleading, or redundant evidence, focusing on material facts. Evidence law interacts with constitutional protections like the Sixth Amendment.
Relevance is the foundation for admissibility.
Rule 401 defines logical relevance: evidence that makes a fact more or less probable.
Rule 403 allows exclusion if probative value is substantially outweighed by dangers like unfair prejudice or confusing the issues.
Judges use discretion in applying Rule 403, balancing probative value against unfair prejudice.
Examples of relevant evidence: a defendant’s weapon matching the crime weapon, a witness seeing the defendant flee, or financial records showing a large deposit after a robbery.
Examples of evidence excluded under Rule 403: gruesome crime scene photos or prior bad acts of a defendant.
Witness examination is a critical form of evidence subject to specific rules. A competent witness must perceive the event, recall it accurately, communicate effectively, and understand their duty to testify truthfully. Special cases include children, mentally incapacitated witnesses, and non-English speakers.
Witnesses undergo direct examination, cross-examination, and redirect/recross.
Direct examination, done by the party calling the witness, uses open-ended questions to elicit relevant testimony without leading the witness.
Cross-examination, done by opposing counsel, challenges credibility and reveals biases using leading questions.
Redirect examination clarifies cross-examination points, while recross-examination addresses new issues from redirect.
Common objections in witness examination include hearsay, relevance, leading questions (on direct), speculation, argumentative questions, and improper impeachment. Hearsay is an out-of-court statement offered to prove the truth of the matter. Witnesses must have personal knowledge and cannot speculate. Cumulative evidence and improper lay opinions can also be objected to.
Key takeaways: Relevance is essential, but Rule 403 can exclude prejudicial evidence. Judges have discretion in admissibility. Witness testimony must meet competency standards and examination rules. Objections maintain fairness and legal soundness.
Published on 10 months, 2 weeks ago