Evidence

Question 1

Present Sense Impression

Answer 1

Person percieves on event and is moved to comment on what perceived
(1) at time of perception or (2) immediately thereafter

Question 2

Past Recollection Recorded

Answer 2

(1) DL at one time had personal knowledge
(2) writing made by DL or at DL’s direction
(3) writing was made while matter was fresh in the mind of the DL
(4) accurate
(5) witness has insufficient recollection

Question 3

Business Records Exception

Answer 3

(1) made in regular course of business
(2) regular practice of business to make the record
(3) consists of matter within the personal knowledge of the recorder or of someone to transmit the matters to the recorder

Question 4

State of Mind - Nonhearsay

Answer 4

(i) Statement made by D that that is offered no for truth of statement but as cirumstantial evidence of the DL’s state of mind
(ii) statement that reflect directly (rather than cirumstantially) on the DL’s SOM are classified as an exception to the hearsay rul

Question 5

Lay Opinion Testimony

Answer 5

(1) based on perception of W
(2) helpful to determination of a fact in issue
(3) is not based on scientific, technical, or specialized knowledge