We continue with the Sexual Assault rules. What is the purpose of FRE 412, as a matter of the truth-finding process and as a matter of external policy goals? Then turn to FRE 413-415. Again, consider why we have these rules and whether that rationale makes sense. Note the process by which these rules came to be and compare with unenacted FRE 404(a)(4) and FRE 405(c).
Prep Relevancy Review. We will work through some of those problems as a capstone to Relevancy.
Move to Witnesses, with a focus on FRE 601-602 and FRE 701. What does FRE 701 mean by "opinion" and what sorts of things can a witness testify to that are not, really, "facts?" What are the different things that a factfinder, an attorney, and a witness can do with a piece of information?
