PROMPT:

For each exercise you are to explain the logical apparatus used in the particular rule of evidence. Follow the method of analysis that we did for Rule 609(a) of the Federal Rules of Evidence. Highlight any logical operators when available. Rewrite and reconstruct the statements whenever necessary in order to reveal the logic of the rule. (All exercises adapted from the Federal Rules of Evidence)

EXAMPLE:

Rule 603. Oath or Affirmation.

Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness conscience and impress the witness mind with the duty to do so.

EXAMPLE ANSWER:

Highlight logical operators:

Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness conscience and impress the witness mind with the duty to do so.

Reconstruct the statements in order to reveal the logic of the rule:

If (T) testifying, then either (O) a witness shall be required to declare that the witness will testify truthfully by oath or (A) a witness shall be required to declare that the witness will testify truthfully by affirmation, and (C) administered in a form calculated to awaken the witness conscience and (D) administered in a form calculated to impress the witness mind with the duty to do so.

If T, then (O or A) and (C and D).

PROBLEM 3:

A member of the jury may not testify as a witness that jury in the trial the case in which the juror is sitting. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.

Highlight logical operators:

Reconstruct the statements in order to reveal the logic of the rule:

Form: