Evidence

Question 1

Hearsay

Answer 1

An out of court statement offered to prove the truth of the matter asserted

Question 2

“Non hearsay”

Answer 2

Offered to prove the truth, but isn’t hearsay:

1. Opposing party statement - statement of a party (including agent/co-conspirator) offered by the opposing party
2. Prior statement of testatifying witness (three types): (a) statement of ID (b) prior inconsistent statement under oath in past preceedings (c) prior consistent statement to rebut a charge of recent fabrication.

Question 3

Hearsay exceptions (declarant unavailable)

Answer 3

1. Dying Declaration (a) used in a homicide or civil case; (b) declarant thought they were dying (c) relates to circumstances/cause of impending death.
2. Statement Against Interest - declarant knew statement was against interest at the time
3. Former testimony - under oath; offered against a party who had an opportunity to develop the statement
4. Forfeiture by wrongdoing - statement made by a person unavailable because of eg witness tampering
5. Family history - birthdate, marriage date, tc.

Question 4

Hearsay Exceptions (availability immaterial)

Answer 4

“Epic Peacock with 3 Records and 2 Medals”

1. Excited Utterance - declarant makes a statement while still under the stress or excitment of startling events.
2. Present sense impression - declarant makes a statement during or immediately after events about their impression/observation of those events.
3. Business Records
4. Public Record
5. Recorded Recollection
6. Medical Diagnosis
7. Then-existing physical/mental state (or plan)

Question 5

Whenever hearsay declarant unavailable remember

Answer 5

6th Amendment confrontation clause!

Violation of 6th Am. if

• statement in a criminal action:
• statement is testimonial,
• declarant is unavailable, and
• no opportunity to cross - examineviolation.