Evidence

Question 1

Definition of Hearsay

Answer 1

Hearsay is an out of court statement made by a declarant that is being offered for the truth of the matter asserted. A statement does not have to be verbal and can be made by physical assertions.

Question 2

Present Sense Impression

Answer 2

A statement made by the declarant describing an event or object immediately as the declarant perceived.

Question 3

Excited Utterance

Answer 3

A statement relating to a startling event that was made under stressful excitement by the declarant.

Question 4

Relevant Evidence

Answer 4

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without it and the fact is of consequence in determining the action.

Question 5

Statement against interest

Answer 5

a statement that is

(1) against the declarant’s self-interest AND
(2) a reasonable person would not have made the statement unless he believed it to be true

Question 6

Confrontation Clause

Answer 6

guarantees a person accused of a crime the right to confront a witness against him in a criminal action

Question 7

The use of an out of court statement violates the defendants constitutional rights under the confrontation clause if

Answer 7

(1) The proceeding is a criminal action
(2) The statement is testimonial
(3) The declarant is unavailable AND
(4) the defendant did NOT have the opportunity to cross examine the declarant at a proceeding before trial

Question 8

How to authenticate an item of evidence

Answer 8

the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Generally, a handwritten letter can be authenticated by testimony of a witness with knowledge or testimony by an expert witness identifying the handwriting