Evidence

Question 1

Relevance

Answer 1

1. Logically Relevant: Any tendency to prove or disprove a fact of consequence.
2. Legal Relevance: The probative value is not substantially outweighed by the prejudicial effect.

Question 2

Present Sense Impression

Answer 2

1. Person perceives an event; and

2. Is moved to comment on what is perceived at the time of perception or immediately thereafter.

Question 3

Past Recollection Recorded

Answer 3

Elements:

1. Witness at one time had personal knowledge of facts recited in the writing;
2. The writing was made by the witness or made under his direction;
3. The writing was made while the matter was fresh in the mind of the witness;
4. The writing is accurate; and
5. The witness has insufficient recollection to testify fully and accurately.

Only offered into evidence by adverse party.

Question 4

Business Records Exception

Answer 4

Elements:

1. Made in regular course of business;
2. It was regular practice of the business to make the record at the time of the event; and
3. It consists of matters within the personal knowledge of the recorder OR of someone with a business duty to transmit the matters to the recorded.

Authenticity of the record must be established.

Question 5

State of Mind

Answer 5

1. Statement made by declarant that is offered not for the truth of the statement but as circumstantial evidence of the declarant’s state of mind;
2. Statements that reflect directly, rather than circumstantially, on the declarant’s state of mind are classified as an exception to hearsay.

Question 6

Excited Utterance/Spontaneous Statement

Answer 6

1. Made by declarant during or after a startling event;
2. While the declarant is still under the stress of excitement; and
3. Concerns the immediate facts of the event.