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Evidence Course
Cardozo Law School
Professor Peter Tillers


Miscellaneous Rules and Principles

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Very important note: These rules are provided -- at the beginning of the semester -- only for the purpose of doing exercises relating to offers and objections. The rules regarding matters such as the hearsay rule are GROSS oversimplifications and they are, in many respects, GROSSLY misleading. Only the rules regarding offers and objections are to be treated as "authoritative." Thank you! (We will study matters such as the hearsay rule in GREAT detail later in the semester.)

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1. In the absence of an objection a party may not complain of the trial court's admission of inadmissible evidence.

2. "A general objection overruled will not avail the objector on appeal."

3. "A general objection sustained will be upheld on appeal if the proffered evidence was inadmissible for any reason."

4. A specific objection overruled extends only to the grounds specified in the objection; grounds for inadmissibility not advanced at trial will not avail the objector on appeal.

5. The exclusion of evidence at trial is not error if the proponent of the evidence does not make an adequate offer of evidence. To make an adequate offer, the proponent must explain the purpose and relevance of the evidence and the legal basis for its admissibility.

6. A specific objection, if sustained, will be upheld on appeal if in fact the evidence was inadmissible for any reason.

•6A. A specific objection sustained on an invalid ground may be advanced on appeal if the defect in the evidence is curable.

7. An appellate court may reverse for errors in the admission or exclusion of evidence only when such errors are prejudicial.

8. As a general matter, hearsay evidence is inadmissible.

9. However, statements against interest, even if hearsay, are admissible.

10. Irrelevant evidence is inadmissible.

11. Hearsay evidence is not necessarily irrelevant; i.e., an out-of-court statement may be relevant even though it is hearsay.

12. The testimony of a witness is admissible only if the witness has personal knowledge of the matter testified to.

13. Compound questions are objectionable and improper.

14. Leading or suggestive questions are generally improper on direct examination.

15. If one exclusionary rule does not bar a piece of evidence, another exclusionary rule may do so; e.g., even if testimony is not barred by the hearsay rule, it may be barred by the relevance requirement.


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