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Fordham Law Review

Federal Rules of Evidence

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Full-Text Articles in Law

The Federal Rules Of Emojis: A Proposed Framework For Handling Emoji Evidence In Trial Contexts, Marilyn Hurzeler Oct 2023

The Federal Rules Of Emojis: A Proposed Framework For Handling Emoji Evidence In Trial Contexts, Marilyn Hurzeler

Fordham Law Review

Emojis are 3,633 ubiquitous symbols-as-communication used by 92 percent of internet users. These tiny yet influential pieces of evidence hold the power to complete, enhance, mitigate, and flip the meaning of surrounding text. Consequently, court references to emojis have grown exponentially in the last five years. As emojis have become a cornerstone of digital discourse, courts have increasingly encountered the significant impact of emojis on parties’ legal claims. A guide for handling of emoji evidence under the Federal Rules of Evidence (FRE), therefore, is important to afford proper treatment to this relatively new evidentiary form.

This Note discusses how the …


Prejudicial Character Evidence: How The Circuits Apply Old Chief To Federal Rule Of Evidence 403, Hannah J. Goldman Oct 2015

Prejudicial Character Evidence: How The Circuits Apply Old Chief To Federal Rule Of Evidence 403, Hannah J. Goldman

Fordham Law Review

It is a fundamental principle of the American justice system that a defendant should be judged on the facts of the case at issue and not for the defendant's general character or past indiscretions. Federal Rule of Evidence 404, which prohibits character evidence, addresses this issue. Rule 403 represents another principle of the justice system: the legal system favors admissibility of evidence over its exclusion. There are some exceptions to this principle, including when evidence is so highly prejudicial that it outweighs the benefits of its admission. As 404(b) character evidence is almost always highly prejudicial to the defendant, trial …


Balancing Hearsay And Criminal Discovery, John G. Douglass Jan 2000

Balancing Hearsay And Criminal Discovery, John G. Douglass

Fordham Law Review

No abstract provided.


When The Postman Beeps Twice: The Admissibility Of Electronic Mail Under The Business Records Exception Of The Federal Rules Of Evidence, Anthony J. Dreyer Jan 1996

When The Postman Beeps Twice: The Admissibility Of Electronic Mail Under The Business Records Exception Of The Federal Rules Of Evidence, Anthony J. Dreyer

Fordham Law Review

No abstract provided.


The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy Jan 1994

The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy

Fordham Law Review

No abstract provided.


Prior Consistent Statements: Temporal Admissibility Standard Under Federal Rule Of Evidence 801(D)(1)(B), Judith A. Archer Jan 1987

Prior Consistent Statements: Temporal Admissibility Standard Under Federal Rule Of Evidence 801(D)(1)(B), Judith A. Archer

Fordham Law Review

No abstract provided.


State Evidentiary Privileges In Federal Civil Litigation, Martin I. Kaminsky Jan 1975

State Evidentiary Privileges In Federal Civil Litigation, Martin I. Kaminsky

Fordham Law Review

No abstract provided.