Evidence

Question 1

What are non-hearsay exemptions?

Answer 1

Prior Statements
(1) Prior inconsistent statement
(2) Prior consistent statement
(3) Prior statement of identification

Opposing party’s statements
(1) Party opponent—anything the other party said is admissible for the truth of the matter asserted
(2) Adoptive admission—“adopts” a statement by failing to deny it
(3) Vicarious statements—someone else’s statement is imputed due to their relationship

Question 2

What are the hearsay exceptions?

Answer 2

Declarant Unavailable as a witness:
[Unavailability—dead, missing, refuses to testify, or (in a criminal trial) invokes the 5th Amendment]
1) Former testimony
2) Dying declaration—declarant believes death is imminent and the statement concerns the circumstances of her death
3) Statement against interest—any declarant who is unavailable and the statement is against the declarant’s interest
4) Statement of personal/family history
5) Statement against party that caused declarant’s unavailability

Declarant availability immaterial:
1) Present sense impression
2) Excited utterance
3) Statement of mental, emotional or physical condition
4) Statement made for medical diagnosis/treatment
5) Recorded recollection
6) Business records
7) Public records
8) Learned treatises
9) Judgment of previous conviction

Question 3

What kinds of relevant evidence does Rule 403 nonetheless exclude?

Answer 3

Relevant evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger or risk of:

i) Unfair prejudice;

ii) Confusing the issues;

iii) Misleading the jury;

iv) Undue delay;

v) Wasting time; or

vi) Needlessly presenting cumulative evidence.