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Seton Hall Unversity School of Law
Jennings, E. Judson

▼        Class Information
      ▼ How are rules organized?
            •   Don’t follow the rules of trial
            •   FRCP are organized in the order of trial
      ▼ Core issue that applies to every piece of evidence
            •   Consider: Whether evidence is “relevant” (Rule 401)
            •   Will it help us resolve an issue in this case
            •   “Compentancy”– High enough quality, reliability
▼        Unit 1: Introduction & Trial Overview
      ▼ Overview of the Rules
            ▼        The Rules
                  •   Federal Rules of Evidence FRE MS Word
                  ▼ Organization
                        •   1 Objections & Rulings [6]                         •   2 Judicial Notice [1]                         •   3 Inferences & Presumptions [2]                         •   4 Relevancy [15]                         •   5 Privileges [1]                         •   6 Witnesses [15]                         •   7 Experts [6]                         •   8 Hearsay [7, 1 with 24 provisions]                         •   9 Authentication [3]                         •   10 Original Document [8]                         •   11 Misc [3]       ▼ Adoption & Amendment
            ▼        Adoption & Amendment
                  ▼ The Process
                        ▼        Advisory Committee
                              •   Draft Rule
                              •   Public Comments & Hearing
                        •   Standing Committee June
                        •   Judicial Conference September
                        •   Supreme Court May 1
                        ▼        Congress Dec 1
                              •   Failure to Act –>Rule Becomes Effective
                        •   The Curious Saga of FRE 502
            ▼        State Evidence Law
                  ▼ NJRE
                        •   Generally a Federal Rules State
                        ▼        Different for
                              •   Conviction or Bad Act to Impeach
                              •   No Residual Hearsay Exception
                              •   Privileges
                              •   Victim & Defendant Evidence in Sex Cases
                  ▼ NY CPLR Art. 45
                        •   Unique Organization
                        ▼        Substantively similar
                              •   Larger Common Law component
                  ▼ URE
                        •   Deceptive Similarity
                        •   [In 1986] the Drafting Committee was charged with bringing the language of the Uniform Rules of Evidence into line with comparable provisions in the Federal Rules of Evidence, where reasonably possible. The underlying theory was, apparently, that a trial practitioner need master only one set of rules to comfortably practice in both federal and state forums … in various States, Districts, and Circuits. However, in practice, this theory does not seem to work as well as expected. In operation, the same words are often construed differently by different courts, even by sister federal circuits and state jurisdictions. Thus, the careful lawyer must continue to research certain rules of evidence on a case-by-case basis.
            ▼        Wy Rules of Evidence but Uniform Commercial Code?
                  ▼ The Rules are Not Comprehensive
                        ▼        No Individual Privileges
                              •   Common Law
                              ▼ Important Substantive Policies
                                    •   Attorney Client
                                    •   Spouse
                                    •   Clergy
                              •   No Rule on Burden of Proof
                              •   No Rule on Bias to Impeach
            ▼        A Sampler
                  ▼ Pass it back to the Judge
                        ▼        R401-403
                              •   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.
                              •   All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible.
                              •   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.
                  ▼ Punt
                        ▼        Article 5: Privileges
                              •   [not ad

of the general nature of any such evidence it intends to introduce at trial.
            ▼        Proving a Murder Charge
                  ▼ Elements of The Offense
                        •   Premeditated, Intentional, Unlawful Killing
                  ▼ The Prosecution Case
                        •   No Eyewitness
                        •   Victim Died from Blunt Force Trauma to Skull
                        ▼        Motive
                              •   D is Broke, in Debt, Foreclosure Looms, V kept a lot of money around
                              •   D was badly treated by the Victim, Insults, Slurs, Harsh Tasks
                        ▼        Opportunity
                              •   D took care of rich old sick victim
                              •   V Lived Alone
                        ▼        Premeditation
                              •   D Bought a Baseball Bat on the way to work the day V was killed
                              •   D does not play baseball
                              •   Do we need the Bat? With Blood on it? With D’s DNA on it?
                  ▼ The Defense Case
                        •   Reasonable Doubt
                        •   Alibi – D was at my house that night
                        •   Character: D is Peaceful, Law Abiding
                        ▼        Self-Defense
                              •   Passion/Provocation Manslaughter
                        •   Insanity
                  ▼ Enough?
                        •   Motion for Acquittal
                        •   Jury Verdict
                        •   Appeal by the Defendant, Not the Prosecution [Double Jeopardy]       ▼ Constitutional Considerations
            ▼        Constitutional Issues in the Law of Evidence
                  ▼ USConstBillOfRights
                        •   5th No person [accused of an] infamous crime …
            •           shall be compelled in any criminal case to be a