Evidence Flashcards
Hearsay- definition
Hearsay is an out-of-court statement offered for the truth of the matter asserted.
Non-hearsay
admissible substantively
1) admissions
2) vicarious admissions
3) adoptive admissions
4) prior consistent statement
5) prior sworn inconsistent statement
6) prior ID
Non-hearsay: Admissions
a statement made by a party
non-hearsay- vicarious admissions
statements made by employees about company
non-hearsay- adoptive admissions
the party does not respond when a reasonable person would object
non-hearsay- prior consistent statement
1) prior statement by the declarant
2) same as current testimony
3) to refute the charge of fabrication or motive
non-hearsay- prior sworn inconsistent statement
1) prior statement by the declarant
2) made under oath
3) INCONSISTENT with current testimony
non-hearsay- prior identification
declarant testifying about an earlier identification
Relevancy
evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence
Character evidence general rule
evidence of a person’s character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character trait
Witness’s character for truthfulness
A witness may be impeached with specific instances of conduct if 1)they are probative of untruthfulness, and 2)the cross-examining lawyer has a good faith basis for believing specific instances occurred.
Character evidence of criminal Defendant
in a criminal case, D can offer evidence of a pertinent trait of his own character regarding the charges against him by calling a witness to testify
character evidence- MIMIC
specific instances (crimes, wrongs) may be used to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake
Hearsay exception- Present sense impression
- statement describe an event; 2. be made while perceiving the event or immediately after
Hearsay exception- excited utterance
- about a startling event; 2. related to that event; and 3. made while the declarant was under the stress of excitement caused by the event
Hearsay exception- medical diagnoses
- made for medical diagnosis or treatment; 2. be reasonably pertinent to medical diagnosis or treatment; and 3. describe the medical history, past or present symptoms, or the inception or general cause
Impeachment by a prior felony conviction
witness’s character for truthfulness may be impeached with their conviction of ANY felony as long as 10 years have not gone by or balancing test favoring admitting
Impeachment by prior crime/conviction for dishonesty
a witness’s character for truthfulness may be impeached through a prior conviction of ANY crime that involves deceit or a false statement
Impeachment of a witness’s character for truthfulness with specific instances of conduct
a witness may be impeached with specific instances of conduct if: 1) they are probative of untruthfulness, and 2) the cross-examining lawyer has a good faith basis for believing specific instances occurred
Impeaching witness with a prior inconsistent statement
a witness may be impeached with the prior inconsistent statements. Are hearsay unless the prior statement was made under oath
Impeaching hearsay declarant
a hearsay declarant may be impeached just as if he had testified live
