Evidence

Question 1

Hearsay by a declarant who has testified and is subject to cross-examination at trial is actually non-hearsay if those statements…

Answer 1

• identify a person as someone the declarant perceived earlier
• are inconsistent with the declarant’s current testimony and were made under penalty of perjury at a former proceeding
• are consistent with the declarant’s current testimony and offered to rebut a charge of fabrication or improper influence OR to rehabilitate the declarant’s credibility when attacked on other grounds

Question 2

When is the only time a prior consistent statement may be used to rebut a charge of recent fabrication or improper influence…

Answer 2

If the statement was made before a motive for the alleged fabrication or improper influence arose

Question 3

State of mind hearsay exception

Answer 3

Statement’s regarding a declarant’s then-existing state of mind (motive, intent, plan) or emotional/physical condition (mental feeling, pain, bodily health) are excepted from the rule against hearsay

Question 4

Business records

Answer 4

Excepted from hearsay if they are
- Made at or near the time of the recorded event
- Made by or based on information from someone with personal knowledge
- Made and kept as a regular practice in the course of regular activities of the business

Question 5

Past recollection recorded

Answer 5

Hearsay exception that applies to records that
- Concern a matter a witness once knew but cannot recall
- Were made or adopted by the witness when the matter was fresh in their mind
- Accurately reflect the witness’s knowledge at that time

Question 6

Rule re: double hearsay

Answer 6

When there is double hearsay (e.g. “I told __” neither statement is admissible unless both are excluded or excepted from the rule against hearsay

Question 7

Requirements elements to use summaries to prove content (FRE 1006)

Answer 7

• originals are voluminous and cannot be conveniently examined in court
• originals would be admissible
• originals or duplicates were made available for other parties to examine/copy
• summary is fair and accurate

Question 8

Excited utterance

Answer 8

statements related to a startling event or condition that are made while the declarant is still under the stress of excitement from the event or condition

Question 9

Present sense impression

Answer 9

Statements describing or explaining an event or condition that are made while or immediately after the declarant perceived it

Question 10

Hearsay exception for statements in documents affecting property interest

Answer 10

Admissible if…
- the matter stated was relevant to the document’s purpose
- later dealings with the property do not contradict the truth of the statement or the purport of the document

Question 11

Residual hearsay exception

Answer 11

• the statement is supported by sufficient guarantees of trustworthiness
• it is more probative on the point than any other evidence obtainable through reasonable efforts
• the proponent gives the adverse party notice of the intent to offer the statement

Question 12

Public records hearsay exception

Answer 12

Public office’s records or statements that set out
- office activities
- matters observed by office representatives while under legal duty to report
- factual findings from legally authorized investigations when offered in civil cases or against the government in criminal cases