Mock Trial

Relevance

Relevance-has any tendency to make a fact at issue more or less likely

Unfairly Prejudical

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time.

Character Evidence

Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

Habit, Routine Practice

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.

Need for Personal Knowledge

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.

Lay Witness testimony limited to their rationally based on the witness’s perception; helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and not based on scientific, technical, or other specialized knowledge

Opinion Testimony by Lay Witness

Ultimate Issue

Ultimate Issue- In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense.

Hearsay

Out of court statement being used for the truth of the matter asserted

Assertions by a party opponent are not hearsay

Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan)

Records of Regularly Conducted Activity.

Reputation Concerning Character. A reputation among a person’s associates or in the community concerning the person’s character.

Declarant Available- Statement against interest

one that has no basis in the witness’ affidavit and has been invented by the witness in order to strengthen his/her testimony.

Prior Bad Acts