Evidence

Question 1

What 5 Hearsay exceptions require the defendant’s unavailability?

Answer 1

The five important exceptions requiring the declarant’s unavailability are: (i) former testimony, (ii) statements against interest, (iii) dying declarations, (iv) statements of personal or family history, and (v) statements offered against party procuring declarant’s unavailability

Question 2

When is the dying declaration exception allowed?

Answer 2

The exception is available only in homicide prosecutions and civil actions.

Question 3

Under what circumstances is evidence of a defendant’s prior acts of sexual assault or child molestation admissible?

Answer 3

In any civil or criminal case where the defendant is accused of committing an act of sexual assault or child molestation.

Question 4

What pragmatic considerations are used to determine if evidence shall be admitted?

Answer 4

1. Danger of unfair prejudice
2. Confusion of the issues
3. Misleading the Jury
4. Undue Delay
5. Waste of Time—FED ONLY
6. Unduly Cumulative

Question 5

What is the Conditional Relevancy Standard?

Answer 5

Document is admissible if court determines there is sufficient evidence from which a reasonable juror could conclude the document is genuine.

Question 6

What is the best evidence rule?

Answer 6

In order to prove the contents of a writing, recording, or photograph, an original must be produced.

Question 7

What are the primary Hearsay Exceptions?

Answer 7

1. Former testimony
2. Statement against interest
3. Dying declaration
4. Excited Utterance
5. Present sense impression
6. Present state of mind
7. Declaration of intent
8. Present physical condition
9. Statement for purpose of medical treatment or diagnosis
10. Business records
11. Public records

Question 8

What hearsay exceptions requires unavailability?

Answer 8

1. Dying declaration
2. Former testimony
3. Statement against interest