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Arkansas Mock Trial Rules Flashcards
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1
Question
301, definition of 'presumption,' presumptions in civil actions and proceedings: What is a presumption?
Page 2
Answer
A presumption makes the existence of a fact to be presumed more probable than not unless rebutted by evidence to the contrary.
2
Question
302, rebuttable presumption as grounds, presumptions in civil actions and proceedings: When is a rebuttable presumption applicable?
Page 2
Answer
In civil cases, a rebuttable presumption applies unless the judge rules otherwise.
3
Question
401, definition of 'relevant evidence,' relevancy and its limits: What is the definition of relevant evidence under Rule 401?
Page 2
Answer
Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
4
Question
402, relevant evidence generally admissible; irrelevant evidence inadmissible, relevancy and its limits: What is the general rule for relevant evidence under Rule 402?
Page 2
Answer
All relevant evidence is admissible, except as otherwise provided by these rules or by Act of Congress. Evidence which is not relevant is not admissible.
5
Question
403, exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time, relevancy and its limits: Under Rule 403, when can relevant evidence be excluded?
Page 2
Answer
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
6
Question
404, character evidence not admissible to prove conduct; exceptions; other crimes, relevancy and its limits: What is the general rule under Rule 404 for character evidence?
Page 2
Answer
Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except as provided in these rules.
7
Question
404 exception (1), character of accused, relevancy and its limits: What is the exception under Rule 404(1) for the character of the accused?
Page 2
Answer
Evidence of a pertinent character trait of the accused offered by the accused or by the prosecution to rebut the same.
8
Question
404 exception (2), character of victim, relevancy and its limits: What is the exception under Rule 404(2) for the character of the victim?
Page 2
Answer
Evidence of a pertinent character trait of the victim of the crime offered by an accused or by the prosecution to rebut the same or, subject to Rules 412 and 415, evidence of a pertinent character trait of the victim of the crime offered by the prosecution if the trait relates to the relevant issue.
9
Question
404 exception (3), character of witness, relevancy and its limits: What is the exception under Rule 404(3) for the character of a witness?
Page 2
Answer
Evidence of the character of a witness on the issue of credibility as provided in Rules 607, 608, and 609.
10
Question
404 other crimes, wrongs, or acts, relevancy and its limits: Under Rule 404, when is evidence of other crimes, wrongs, or acts admissible?
Page 2
Answer
Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
11
Question
405, methods of proving character, relevancy and its limits: What are the methods of proving character under Rule 405?
Page 3
Answer
In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.
12
Question
406, habit; routine practice, relevancy and its limits: What evidence is admissible under Rule 406 regarding habit or routine practice?
Page 3
Answer
Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
13
Question
407, subsequent remedial measures, relevancy and its limits: Is evidence of subsequent remedial measures admissible under Rule 407?
Page 3
Answer
When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.
14
Question
408, compromise and offers to compromise, relevancy and its limits: What is inadmissible under Rule 408 regarding compromises?
Page 3
Answer
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept a valuable consideration in compromising or attempting to compromise a claim which was disputed as to validity or amount is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible.
15
Question
409, payment of medical and similar expenses, relevancy and its limits: Is evidence of payment of medical expenses admissible under Rule 409?
Page 4
Answer
Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.
16
Question
410, inadmissibility of pleas, plea discussions, and related statements, relevancy and its limits: What statements are inadmissible under Rule 410?
Page 4
Answer
Evidence of a plea of guilty later withdrawn, a plea of nolo contendere, or a statement made in connection with any of the foregoing pleas is not admissible in any civil or criminal action, case, or proceeding against the person who made the plea or statement.
17
Question
411, liability insurance, relevancy and its limits: Is evidence of liability insurance admissible under Rule 411?
Page 4
Answer
Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully.
18
Question
501, general rule, privileges: What is the general rule for privileges under Rule 501?
Page 4
Answer
No person has a privilege to refuse to be a witness, and no person has a privilege to refuse to disclose any matter or to refuse to produce any object or writing, except as otherwise provided by the Constitution, by Act of Congress, by these rules, or by Arkansas law.
19
Question
501 exception (1), communications between husband and wife, privileges: What is the husband-wife privilege under Rule 501?
Page 4
Answer
Communications between husband and wife.
20
Question
501 exception (2), attorney-client communications, privileges: What is the attorney-client privilege under Rule 501?
Page 4
Answer
Communications between attorney and client.
21
Question
501 exception (3), secrets between priest and penitent, privileges: What is the priest-penitent privilege under Rule 501?
Page 4
Answer
Secrets between priest and penitent.
22
Question
601, general rule of competency, witnesses: What is the general rule of competency for witnesses under Rule 601?
Page 5
Answer
Every person is competent to be a witness except as otherwise provided by these rules.
23
Question
602, lack of personal knowledge, witnesses: Under Rule 602, what is required for a witness's testimony?
Page 5
Answer
A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
24
Question
607, who may impeach, witnesses: Who may impeach a witness under Rule 607?
Page 5
Answer
The credibility of a witness may be attacked by any party, including the party calling the witness.
25
Question
608, evidence of character and conduct of witness, witnesses: How can character and conduct of a witness be attacked under Rule 608?
Page 5
Answer
The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.
26
Question
608 specific instances, witnesses: Under Rule 608, when can specific instances of conduct be inquired into?
Page 5
Answer
Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's credibility, other than conviction of crime as provided in Rule 609, may not be proved by extrinsic evidence. They may, however, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness concerning the witness's character for truthfulness or untruthfulness or concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.
27
Question
609, impeachment by evidence of conviction of crime, witnesses: Under Rule 609, when can a conviction be used to impeach?
Page 5
Answer
For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record during cross-examination but only if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and does not involve dishonesty or false statement, except that the evidence of such conviction is inadmissible if more than ten years have elapsed since the date of the conviction.
28
Question
609 exception, crimes involving dishonesty, witnesses: What is the exception under Rule 609 for crimes involving dishonesty?
Page 5
Answer
Evidence of a conviction for a crime involving dishonesty or false statement is admissible regardless of punishment.
29
Question
610, religious beliefs or opinions, witnesses: Are religious beliefs admissible under Rule 610 to impair credibility?
Page 6
Answer
Evidence of the beliefs or opinions of a witness on matters of religion is not admissible to impair or enhance the witness's credibility.
30
Question
611, mode and order of interrogation and presentation, witnesses: What controls the mode and order of examining witnesses under Rule 611?
Page 6
Answer
The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.