Trial Prep Memorandum.
As a prosecutor or defense attorney, part of your job in trial preparation is to determine what issues may arise during the course of the trial; by doing so you prepare for all outcomes and have your briefs ready. For this week’s homework assignment, you will prepare a 3-page memorandum listing the Federal Rules of Evidence (FRE) numbers and substance that will allow the testimony of your expert witness to stand.
As a part of this memorandum you will include information from at least two cases to support the admission of expert testimony.
Finally, you will include a section outlining all considerations and arguments for/against the balancing test of FRE 403, probative value versus prejudicial harm. Remember to cite your work and include all necessary rules, cases, and other information citing the text.
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