Evidence Flashcards
1
Q
Hearsay
A
- an out of court statement
- other than one made by the declarant while testifying at the current trial or hearing
- offered to prove the truth of the matter asserted
2
Q
Common Objections OPRAH
A
Original writing rule Privilege Relevancy Authentication Hearsay
3
Q
Hearsay statement
A
- oral or written assertion
2. conduct intended as an assertion
4
Q
Adoptive admission by silence
A
- a party hears and understands an accusation against him
- the party is capable of denying
- a reasonable person would have denied if was untrue
5
Q
Admission by party-opponent
A
- statement is by or attributable to a party
- personal knowledge of facts NOT required
- statement need not have been against interest when made
- declarant need NOT be unavailable
6
Q
Hearsay Exceptions
A
- present sense impression
- excited utterance
- present mental/emotional/physical state
- statements for medical diagnosis/treatment
- past recollection recorded
- business records
- absence business record
- public record
- vital statistics
- absence public record
7
Q
Present sense impression
A
a statement that describes or explains an event or condition, made while the declarant is perceiving the event or condition or immediately thereafter.
8
Q
Forms of character evidence
A
- reputation testimony
- opinion testimony
- specific acts
9
Q
Character evidence in civil cases
A
- inadmissible to prove that the person acted in conformity with the trait
- admissible when character is in issue:
- defamation
- child custody
- negligent entrustment
- negligent hiring
10
Q
4 main ways to impeach
A
- bias
- sensory defects
- prior inconsistent statements
- character:
- reputation or opinion testimony
- bad acts (involving dishonesty -cannot use extrinsic evidence)- prior conviction felony not involving dishonesty (10 yrs limit, court discretion)
- prior conviction any crime involving dishonesty (auto admissible, 10yr)
11
Q
excited utterance
A
- statement that relates to a startling event
- made while the declarant was under the stress of the excitement
- excitement must have been caused by the event
- personal knowledge by the declarant is required
12
Q
dying declaration
A
- concern: statement must cn\oncern cause or circumstances of death
- unavailable: declarant must be unavailable
- belief: declarant have believed that death was imminent
- any: dying declaration may arise civil case or criminal homicide
13
Q
unavailability
A
PRISM
- privilege: court rules that a privilege applies
- refusal: refusal to testify
- incapacity: due to death,illness or injury
- subpoena: failure to comply with beyond reach of avsubpoena
- memory: lack of
