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Evidence 101: Silence Can Cost You the Case (Federal Rules of Evidence 101-103)

Author
Pre-Law Productions
Published
Fri 29 Aug 2025
Episode Link
None

🎙️ Welcome to Season 7 of American Law Café, where we’re breaking down the foundation of courtroom evidence!

The Federal Rules of Evidence open with Rules 101–106 — the ground rules that shape when evidence rules apply, how judges decide questions, and what you must do to preserve errors for appeal. Miss these, and you may lose your case before the jury even decides.

🔑 Key Topics Covered:

Scope & Purpose (Rules 101–102)

  • Rule 101: The FRE govern evidence in federal courts, including electronic records.
  • Rule 102: The “mission statement” — fairness, efficiency, truth, and justice.

Preserving Error (Rule 103)

  • To challenge evidence on appeal, objections must be timely and specific (State v. Torres).
  • If evidence is excluded, make an offer of proof to preserve the record (Alley v. State; State v. Gaylor).
  • Errors range from harmless → prejudicial → rare plain error.
  • 🎯 Bottom line: Appellate courts can only review what’s in the record.

Preliminary Questions (Rule 104)

  • Judges decide admissibility, privilege, and witness competency.
  • They may consider evidence outside the rules (except privilege).
  • State v. Brown: Judge properly ruled on party admissions and co-defendant statements.

Limited Admissibility (Rule 105)

  • Evidence usable for one purpose but not another requires a limiting instruction to the jury.
  • Ensures evidence is considered only for its proper scope.

Rule of Completeness (Rule 106)

  • Prevents “cherry-picking” evidence.
  • If part of a statement is introduced, the opposing party can require the rest.
  • State v. Brown: The court admitted an entire co-defendant statement to give jurors the full picture.

🎧 Whether you’re prepping for Evidence class or want to understand how trials really work, these six rules are the backbone of courtroom fairness — and the key to preserving your case on appeal.

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov. 

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🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov
📚 Content Created by Heather Mora
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