Admission - testimonial evidence Flashcards
When can a witness not testify?
- husband and wife
- Disqualification by reason of privileged communication
What are considered privileged communications?
When is an admission admissible?
The act, declaration, or omission of a party as to a relevant fact may be given in evidence against him if
- involves a matter of fact
- categorial and definite
- knowingly and voluntarily made
- adverse to the admirer’s interest
Rules on offer and compromise
In civil cases; exceptions
In criminal cases
Explain the res inter los acta rule
Explain the exceptions
- The rights of a party cannot be prejudiced by an act, declaration, or omission of another. Applies to extra-judicial confessions because it is not subject to cross-examination. Not applicable when it is subject to cross-examination.
Exception:
Admission of a co-parter
1. authorized by the party to make a statement concerning the subject; or
2. within the scope of his or her authority AND during the existence of the partnership/agency
may be given as evidence after the partnership or agency is shown by evidence other than such declaration.
Admission by a co-conspirator
1. act or declaration was made during conspiracy
2. relate or in furtherance of the conspiracy
3. conspiracy must be shown by evidence other than such declaration or act
Admission by privies
1. act, declaration or omission by a predecessor-in-interest
2. must have occurred while he was holding the title of the property
3. .. in relation to the property
Admission by silence
- declaration was made in his presence and within the hearing or observation of a party
- does not say anything or do anything
- when its proper and possible for him or her to do so
- may be given as evidence against him
Requisites for a confession
- voluntary
- assisted by counsel
- express
- writing
What is hearsay? Enumerate the exceptions to hearsay
Requisites to a dying declaration
- Declaration that concerns the 1. cause and 2. the surrounding circumstances of the declarants death
- death appears to be imminent and the declarant is under a consciousness of an impending death
- would’ve been competent to testify had he or she survived
- subject inquiry involves the declarant’s death
Res Gestate
- Startling occurrence
- Statement is made while or immediately prior/subsequent thereto
- Statement was made under the stress of excitement caused by the occurrence
- Relates to the circumstances of the startling event or occurrence or that the statements must concern the occurrence in the question and its immediate attending circumstances
Declaration against interest
- Declarant dies or unable to testify
- Relates to a fact against the interest of the declarant
- at the time he made said declaration, the declarant was aware that the same was contrary to his aforesaid interest
- no motive to falsify and believed such declaration to be true
- corroborating circumstances clearly indicate the trustworthiness of the statement for statements tending to expose the declarant to criminal liability (criminal cases)
Act or declaration about pedigree
- Declarant is dead or unable to testify
- Act or declaration is made by a person related to the subject or is intimately associated as to likely to accurate information regarding his or her pedigree
- the relationship between the declarant or the actor and the subject is shown bu evidence other than such act or declaration
- the act or declaration was made ante litem motam or prior to the controversy
Family Reputation or Tradition Regarding Pedegree
- the witness testifying thereto must be a member, by consanguinity or affinity, or by adoption, of the same family as the subject
- such reputation or tradition must have existed in the family ante litem motam
