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Evidence Chapter 1 Introduction To Evidence Law Outline

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This is an extract of our Evidence Chapter 1 Introduction To Evidence Law document, which we sell as part of our Evidence Outlines collection written by the top tier of Harvard Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Evidence Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Table of Contents
Chapter 1. Introduction to Evidence Law.................................................................................1
D. The Role of the Trial Judge.............................................................................................................1

1. The Trial Judge's Authority..............................................................................................................1

2. The Trial Judge's Discretion.............................................................................................................1

*NB: This outline accords with Sklansky, Evidence: Cases, Commentary and Problems 4th ed.

Chapter 1. Introduction to Evidence Law
D. The Role of the Trial Judge

1. The Trial Judge's Authority
FRE 104. Preliminary Questions
 (a) In General. The Court must decide any preliminary questions about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules,
except those on privilege.
Advisory Committee note to FRE 104(a)
 Applicability of a particular rule of evidence often depends upon the existence of a condition: e.g., is the alleged expert a qualified physician?
If the question is factual in nature, the judge considers evidence pro and con on the issue. Practical necessity leads the judge, when determining admissibility, to hear evidence without regard to exclusionary rules: a piece of evidence offered and objected to may itself be considered in ruling on admissibility.

2. The Trial Judge's Discretion
FRE 103. Rulings on Evidence
 (a) Preserving a Claim of Error. Party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and:
o (1) if the ruling admits the evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or

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