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Section Thee: Exercise#19: Evidence Using the Federal Rules of Evidence please c

ID: 459933 • Letter: S

Question

Section Thee:

Exercise#19: Evidence

Using the Federal Rules of Evidence please complete following:

Please provide your explanation of the text of the Rule stating that evidence must be relevant, and provide the rule number.

2. Please provide the Rule number defining hearsay.

3. What are “writings” and “photographs” according to the Rule? Please also provide the Rule numbers.


4. According to the Rules, does it matter if a declarant is available to testify in considering exceptions to hearsay? Please state the applicable Rule numbers.


5. Please provide the rule number that is commonly refereed to as the “Best Evidence” rule.

6. Is your weekly habit of attending an AA meeting ever admissible in a court of law? Explain you answer.


7. What is the “Rape Shield” and what purpose does it serve?

8. Can a witness character be attacked by evidence of the witness’s prior conviction of a crime?


9. Can the testimony of a witness with knowledge serve as “authentication”? Please provide the applicable rule number.

10. If the defendant in a negligence suit has made a settlement offer in the past, can the settlement offer be introduced at trial to show that he may be liable? Why or why not?

Explanation / Answer

2. Rule 801 define Hearsay.

3. According to rule 1001 , A “writing” consists of letters, words, numbers, or their equivalent set down in any form.

A “photograph” means a photographic image or its equivalent stored in any form.

4. Subdivision (b). Rule 803 supra, is based upon the assumption that a hearsay statement falling within one of its exceptions possesses qualities which justify the conclusion that whether the declarant is available or unavailable is not a relevant factor in determining admissibility.

5. In the United States the best evidence rule is part of Article X of the Federal Rules of Evidence (Rules 1001-1008)

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