Motion in Limine (pg. 8,13 - pretrial motion)
argue that something that would be ligitiment for your opponent to use has so much prejudice against your argument that you have the court suppress it before the start of the trial
if something is your only defense it is very likely that you will want to file this motion to keep it safe
used to keep evidence out
Rule 105 (pg. 12)
if the court admits evidence that is admissible against a party then the court un requests must return the evidence to its proper scope and instruct the jury accordingly this means the evidence has harmful meaning that the jury needs to not hear if your motion in limine gets denied you want a piece of evidence (not the whole evidence) to be heard when you are presenting it because this will affect how the jury will look at the purpose
example: instead of saying you called your brother about the weather in colorado, say you have a brother
limiting instructions that do not allow all of the evidence in, just part of it — because of dangerous repercussions
DV/JML — Directed Verdict(old term) / Judgement as a Matter of Law(new term)
came from old common law to ask the judge to fine in a particular way comes about at the end of the trial before it goes to the jury, an attorney can move for this to happen If you want to learn more check out How does gender and culture shape someone’s temperament?
if this is denied, the jury comes back with their verdict
JNOV/RJML — Judgement not withstanding the Verdict(old term) / Renewed Judgement as a Matter of Law(new term)
the jury makes their verdict and the opposing side can call for this, basically making the jury’s verdict be thrown out and a new one be called in
no more evidence and nothing has changed except for the outcome
you have to move for a Directed Verdict in order to later move for the JNOV if this says no, then they can appeal these motions We also discuss several other topics like What are goods and services?
calling the own’s party to the witness and asking them questions
can ask non-leading questions
asking the other party’s witness questions
can ask leading questions
only ask questions using the American Rule — says you can cross-examine only in the scope of the direct examination (English Rule is not allowed but it says you can ask any questions)
example: if direct asked about A,B,C,D then you can only cross about A,B,C,D, not E
then re-direct can only hit on the same subjects the cross hit on
Rule 103 (pg. 24)
someone is offering evidence and you want to keep it out — so you object or wave it so it cannot be brought up on appeal
if you object you have to give a reason in a timely fashion unless it is apparent from the context
making a motion to strike is after the witness has already answered and the evidence has already been entered in
you can make an offer of proof
if it is obvious that it is improper you don’t need to give a full reason
Henderson v. US (2013) example of rule 103
1. Defendant pleads - possession of firearm (Felon) If you want to learn more check out Who is robert costanza?
2. District Court sentences 5 years
1. acknowledged as excessive by everyone involved but the attorney does not object
1. they then appeal that this is excessive
3. when they appeal they want them to employ Tapia case (see below) meaning there would be no reason for an objection meaning the attorney who did not object would have been fine to not object; it would have just been obvious that it was too long
4. 5th Circuit (appellant court in Louisiana) denies because they had never thought of this or decided this so it sounds like not a plain error — which hurts the individual — they think it behoves you to object and give a reason on the risk that it would not be assumed as plain error; so now he has to argue that it was plain error (even though it was not in trial, it is in appellant)
5. meanwhile… US v. Tapia occurs in 2011
1. says unconstitutional to extend court time for rehab time — excess punishment would be against proportional punishment in order to obtain therapeutic benefits
2. says it is bad to put you in prison longer than you are allowed
3. they use this ruling and 103e
6. if there is no plain error in trial it will affect how the court looks at your case
Rule 601 (pg. 26)
everyone has competency to testify in general unless ruled otherwise except in circuit court We also discuss several other topics like What does ppf stand for?
We also discuss several other topics like What is the meaning of respiratory assessment?
Don't forget about the age old question of What is the meaning of black codes?
Diversity (Rule 1332) actions happen you have a diversification in the case and you use the federal rules of evidence and civil procedure but using the states rules for everything else
applied to everything except cases with Burden of Proof, Presumptions, Privilege, or Competency
to prove you are a competent witness: (Oath) you promised to tell the truth, (Communicate) you know what truth is and are able to tell it, (Experience) you have to have experience (without hearsay), and (Memory) you have to remember what happened