Dying declaration

Question 1

What is a dying declaration ?

Answer 1

An out of court statement from a person who is near death. An exception to the hearsay rule

Question 2

Four dying declaration criteria

Answer 2

The declarant must be in the extremis at the time they made the statement- that is, a state where death is imminent and there is no hope of recovery.

The declarant must reasonably know that he or she is in extremis

if the declarant had survived, he or she would have been a competent witness

The declarant is unavailable to testify at the trial

Question 3

Are false dying declaration admissable ?

Answer 3

Yes but considered weak statements

Question 4

What are business records ?

Answer 4

A record made in the regular course of a business as a memorandum of some transaction of the business

Question 5

Are business records admissable?

Answer 5

Yes, an exception to hearsay.

Question 6

Do records need to be authenticated ?

Answer 6

Yes

Question 7

Is family history hearsay?

Answer 7

By nature it is hearsay.

Question 8

Is family history accepted?

Answer 8

Family history is accepted and is an exception to the hearsay rule because it is information on is expected to know, such as date of birth or age.

Question 9

Are statements against the interest of the declarent allowed?

Answer 9

Yes, an exception to the hearsay rule.

Question 10

What must statements against interests of declarent need to be admitted?

Answer 10

Either a penal interest or a pecuniary or proprietary interest

Question 11

4 foundations to have a statement against interests?

Answer 11

The declarant must be unavailable

At the time the statement was made, the declarant was aware of the fact that the statement was against his or her interest

Declarant had competent knowledge of the facts at the time the statement was made

There must be competent, independent evidence of the statement to insure it’s reliability