Evidence Flashcards
Hearsay definition
(1) An out-of-court statement (2) made by a declarant (3) offered to prove the truth of the matter asserted
Hearsay within hearsay definition
Hearsay within hearsay is an out-of-court statement that incorporates other hearsay and is admissible only if both the outer hearsay statement and the inner hearsay statement fall within an exception to the hearsay rule
Business records exception
A business record is admissible under the business records exception if it was: (1) made in the regular course of the business, (2) the regular practice of the business to make the record, (3) made at or near the time of the event, (4) made by a person whose duty it was to make the record and who had personal knowledge of the event, and (5) authenticated
Statements made for medical diagnosis exception
A statement that describes a person’s medical history, past or present symptoms, or their cause is admissible as an exception to the hearsay rule if it was made for, and was reasonably pertinent to, medical diagnosis or treatment
What is the marital privilege and its requirements? When does it apply, and what does it cover?
The marital privilege provides that either spouse has a privilege not to testify as to a confidential communication made between spouses during the marriage. The communication must be made in reliance on the intimacy of the marital relationship. The privilege survives the marriage. The privilege does not apply if the communication is revealed to a third party.
Extrinsic evidence of a prior inconsistent statement
Under FRE, an inconsistent statement may be proved by either examination of the witness or by extrinsic evidence.
To prove a prior inconsistent statement by extrinsic evidence, the witness generally must be given an opportunity at some point to explain or deny the allegedly inconsistent statement (even after the statement is introduced), and the statement must be relevant to some issue in the case.
Prior inconsistent statement hearsay exception
Where a prior inconsistent statement was made penalty of perjury at a prior trial, hearing, or other proceeding, or in a deposition, it is admissible hearsay.
