Evidence

Question 1

Hearsay

Answer 1

Hearsay is an out-of-court statement that is offered to prove the truth of the matter asserted. It may be an oral or
written assertion and can be nonverbal conduct intended as an assertion. Hearsay evidence is generally
inadmissible unless it falls within an exception or exclusion.

Question 2

Non-Hearsay

Answer 2

The prior statement of a testifying declarant who is subject to cross-examination is not
hearsay under three circumstances. 1) prior inconsistent testimony 2) prior consistent statement offered in rebuttal and 3) a prior statement of identification.

Additionally, a party’s own statement offered against it by an opposing party is not hearsay.

Question 3

Logical Relevance

Answer 3

As a rule, evidence must be relevant to be admissible, and all relevant evidence is admissible unless excluded by a specific rule, law, or constitutional provision. Evidence is relevant if: (i) it has any tendency to make a fact more or less probable, and (ii) the fact is of consequence in determining the action. additionally, evidence will not be admitted id the probative value is
substantially outweighed by the risk of prejudice, confusing the issues, or misleading the jury

Question 4

MIMIC

Answer 4

Evidence of a defendant’s crimes or other wrongful acts are admissible for a non-propensity purpose such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident (MIMIC Evidence)

Question 5

Unavailability Requirement

Answer 5

Unavailability means that the declarant cannot testify because of privilege, refuse to testify, cannot recall the matter, they are dead or unable to be found by the court or is otherwise prevented by a physical or mental condition. In a criminal trial, under the Confrontation Clause, testimonial hearsay is inadmissible against a criminal defendant who has not had an opportunity to cross-examine
the declarant. Former testimony, dying declarations, and statements against interest are exceptions and will not violate the confrontation clause.

Question 6

Present Sense Impression

Answer 6

a statement describing or explaining an event or condition that is made while or immediately
after the declarant perceived it is not excluded as hearsay. The declarant must have perceived it, it must be an explanation or description and they must be contemporaneous.

Question 7

Excited Utterance

Answer 7

a statement relating to a startling event or condition made while the declarant was still under the stress of the event or conditions is excepted from the hearsay rule

Question 8

Medical Diagnosis or Treatment

Answer 8

A statement made to medical personnel concerning past or present symptoms for treatment or diagnosis is an exception hearsay.

Question 9

Impeachment

Answer 9

Any party may impeach any witness by evidence that they have been convicted of a crime that involved
dishonesty or false statement, regardless of the punishment imposed or the prejudicial effect of the evidence. A felony conviction may be admitted against a non-defendant witness under 403 balancing test. Additionally, a witness can be impeached for bias or a prior inconsistent statement.

Question 10

Character Evidence

Answer 10

In a civil case, character evidence is not going to be admissible unless character is an essential element of a claim.

In criminal cases: generally character evidence is not admissible unless D asserts their own good character or if D attacks victims character

Evidence of a defendant’s crimes or other wrongful acts are admissible for a non-propensity purpose such as proving motive,
opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident (MIMIC Evidence)