Evidence Flashcards
If Hearsay question use __ approach
DIA
Define hearsay.
State why it is IMPORTANT to detrmine if a statement is hearsay.
Anlayze exceptions.
Excited Utterance
statement relatin to a startling event or condition while declarant was under stress or excitement that it caused
Present Sense Impression
statement describing condition or event while or immedtaely after declarant percieved it
Statement for Purpose of Medical Treatment or Diagnosis
reasonably pertinent to medical diagnosis or describe history
Business Record
making of record in course of regularly conducted business activity
Recollection Recorded
W once knew but now canot recall enough to testify fully and accurately
may be read into evidence
Then-existing state of mind
shows D’s MIMIC
Prior Staement of ID
witness’s prior identification
Opposing Party’s Statements
a statemnet made by opposing party offered against that party is NOT HEARSAY
Statement Against Interest
reasonable person in D’s position would have made if the person believed it to be true, when made has tendency to expose declarant to civil or criminal liability
D MUST be unavilable
Public Record
may be admitted in some circumstacnes but not matters observed by law enforcement personnel against D in criminal case
Relevancy
any tendency to make a fact more or less probably than it would be without the evidence and fact is of consequence to action
Admissibility of Relevant Evdience
probative value must substantially outweigh any unfair prejudice
Lay Witness
must have knowledge of the matter she testifies about
personal knoweldge
opinion based on perception
Expert Witness
does not need personal knoweldge but can testify based on facts he has been made aware of at a trial or through some other means (facts not on the record)
