Evidence

Question 1

Hearsay - Exceptions - Statements for Purposes of Medical Diagnosis or Treatment

Answer 1

Statement made for - and is reasonably pertinent to - medical diagnosis or treatment: and describes medical history; past or present symptoms or sensations; their inception; or their general cause

P was describing inception of injury; how he got injured falling off ladder

Question 2

Hearsay - Exemptions - Prior Consistent Statements

Answer 2

Made by declarant who testifies at trial and is subject to cross examination about the consistent statement and the statement is offered to rebut a charge or implied charge that declarant recently fabricated it or acted from a recent improper influence or motive in so testifying

Question 3

Hearsay - Exception - State of Mind

Answer 3

For a statement of the declarant’s then existing state of mind (motive, intent, plan), or emotional, sensory or physical condition (mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to validity or terms of declarant’s will.

“I’m going to return this car as soon as I work things out with my wife” shows intent.

Question 4

Types of Evidence - Authentication - Methods

Answer 4

Testimony of witness with knowledge
Nonexpert opinion on handwriting
Comparison by trier or expert
Distinctive characteristics
Voice ID
Telephone Conversation
public records or reports
Ancient document or data compilation

Question 5

Hearsay - Evidence - Exclusions - Employee

Answer 5

Statement offered against a party
While statement was not made by the party, statement was made by agent or servant of the party
Statement concerns a matter within the scope of employment; and
was made during existence of employment relationship

Executive assistant said D obtained advance of plans from P’s office manager…