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MBE > MBE Rapid Fire > Evidence > Flashcards

Evidence Flashcards

1
Q

When do the Federal Rules of Evidence not apply?

A
  1. When determining preliminary questions of fact regarding the admissibility of evidence;
  2. Grand jury proceedings;
  3. Preliminary examinations in criminal case;
  4. Sentencing, probation, and bail hearings;
  5. Summary contempt proceedings;
  6. For the issuance of warrants & criminal summons; and
  7. Extradition or rendition proceedings

FRE 1101(c-d)

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2
Q

In regards to evidence, what does the judge decide?

A

Preliminary questions about the competency of the evidence and whether:

  • Evidence is admissible;
  • Witnesses are qualified; and
  • Privilege exists

FRE 104(a)

⚠️ Note: Except for deciding whether privilege exists, the judge is not bound by the FRE when deciding preliminary questions

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3
Q

If a party believes evidence was erroneously admitted, how can the issue be preserved for appeal?

A

The party must, on the record:

  1. Timely object or move to strike; and
  2. State the specific ground, unless it was apparent from the context

FRE 103(a)(1)

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4
Q

Define

judicial notice

A

Used by the court to accept certain, indisputable adjudicative facts as true without formal presentation of the evidence.

More Info: Judicial Notice

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5
Q

What is the order of a trial?

A
  1. Plaintiff or prosecutor’s opening statement
  2. Plaintiff or prosecutor’s case-in-chief
  3. Defendant’s case
  4. Plaintiff or prosecutor’s rebuttal
  5. Defendant’s rejoinder (D’s rebuttal of P’s rebuttal)
  6. Closing arguments
  7. Instructions given to the jury
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6
Q

What is the scope of cross-examination?

A
  • Subject matter of the direct examination;
  • Matters affecting the witness’s credibility; and
  • Additional matters if court so allows

⚠️ If questions exceed scope, can make an objection for “beyond the scope of direct”

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7
Q

When are leading questions permitted?

A
  1. Cross-examination (no restrictions);
  2. Direct examination only if:
    • Question is regarding undisputed preliminary matters (e.g. “You were born on April 5, 1989, correct?”)
    • Witness is hostile;
    • Witness is less competent (trouble communicating due to language barrier, age, etc)
    • Witness needs help refreshing their memory (subject to judicial permission)
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8
Q

What types of questions are not allowed?

A
  1. Compound questions (requires multiple answers);
  2. Assumes facts not in evidence;
  3. Calls for conclusion or opinion (that witness is not qualified to make);
  4. Repetitive (already answered); and
  5. Argumentative (provokes argument instead of factual response)
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9
Q

What are common objections to witness questions?

A
  1. Beyond scope of direct;
  2. Leading;
  3. Assumes facts not in evidence;
  4. Argumentative;
  5. Compound;
  6. Calls for narrative; or
  7. Unresponsive (for witness testimony)
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10
Q

Define

burden of persuasion

A

Obligation to present evidence to persuade the fact-finder that the allegations are true.

Does not shift during trial.

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11
Q

Define

burden of production

A

Party’s obligation to establish a prima facie case (i.e. come forward with the evidence necessary to establish each element of the claims alleged)

Can shift during trial.

More info: Burden of Production

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12
Q

A rebuttable presumption shifts the burden of _________ to the ______ party, but the burden of _________ remains with the _______ party.

A

A rebuttable presumption shifts the burden of production to the opposing party, but the burden of persuasion remains with the original party.

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13
Q

What is the rule with presumptions in criminal cases?

A

Permissive presumptions are allowed (i.e. jury can infer, but is not required to do so).

Mandatory presumptions are unconstitutional because the burden of persuasion is shifted to D instead of the prosecution (which is required to prove every element beyond a reasonable doubt).

Ex. In a criminal case for murder, the judge cannot instruct the jury to “presume persons missing for 10 years are dead” because it would conflict with the prosecution’s burden and D’s presumption of innocence.

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14
Q

What is a juror prohibited from testifying about after trial?

A
  1. Statements made during the jury’s deliberations;
  2. The effect of anything on a juror’s vote; or
  3. Any juror’s mental processes concerning the verdict or indictment

FRE 606(b)

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15
Q

What is the process for present recollection refreshed?

A

A witness can be shown a document to refresh his memory if:

  1. The witness cannot recall the answer to the question;
  2. The witness says that seeing a particular thing will refresh their memory;
    • Can use anything to jog their memory: writing, email, receipt, photograph, old shoe
  3. After viewing the thing, the witness testifies that their recollection is refreshed

⚠️ Remember, this is not an exception to hearsay, and will generally not be admitted into evidence (unlike past recorded recollection)

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16
Q

What is past recollection recorded?

A

Allows a witness to read a prior writing or record to the jury if the record:

  1. Is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately;​
  2. Was made or adopted by the witness when the matter was fresh in the witness’s memory; and
  3. Accurately reflects the witness’s knowledge

⚠️ Remember: This is a hearsay exception and can be admitted into evidence (unlike present recollection refreshed, which is not a hearsay exception and generally cannot be admitted into evidence). It may be received as an exhibit only if offered by an adverse party.

FRE 803(5)

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17
Q

What are the main methods of impeachment?

A
  1. Showing prior inconsistent statements;
  2. Challenging the witness’s character for truthfulness;
  3. Showing prior misconduct;
  4. Showing bias; and
  5. Showing witness has sensory or mental defect
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18
Q

When testifying as to a witness’s reputation for truthfulness, can the witness discuss specific acts by the witness?

A

No, can only testify about their general opinion of the witness’s truthfulness or reputation in the community

FRE 608(a)

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19
Q

Can you introduce extrinsic evidence to prove a prior conviction during felony impeachment of a witness?

A

Yes

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20
Q

Define

extrinsic evidence

A

Evidence other than the witness’s testimony in the current trial

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21
Q

Can an arrest be used to attack character for truthfulness?

A

No, cannot be used to impeach witness’s character for truthfulness because an arrest is not a conviction. Witness can be asked about underlying conduct, however.

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22
Q

What types of prior criminal convictions can be used to impeach a witness?

A
  1. Crimes punishable by death or by imprisonment for more than one year that are less than 10 years old (unless their probative value substantially outweighs its prejudicial effect and other party was given notice and chance to object); and
  2. Misdemeanors involving dishonesty and/or false statements

FRE 609

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23
Q

When is a felony not involving dishonesty admissible to impeach?

A

If witness is the criminal D:

  • Only admissible if the probative value outweighs its prejudicial effect to D

If the witness is not the criminal D:

  • May be admitted unless probative value is substantially outweighed by the prejudicial effect
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24
Q

How do you rehabilitate a witness? (i.e. repair the damage)

A
  1. Introduce prior consistent statement to rebut an express or implied charge that the witness’s testimony was recently fabricated or from a recent improper influence or motive (FRE(d)(1)(B));
  2. Ask witness to clarify statements on re-direct; or
  3. Introduce opinion or reputation testimony if the witness’s character for truthfulness was attacked (FRE 608(a))

⚠️ Can only directly rebut attacks; cannot bolster credibility

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25
Q

What is the Rule 403 balancing test?

A

Relevant evidence may nonetheless be excluded if the probative value is substantially outweighed by a danger of one or more of the following:

  • Unfair prejudice;
  • Confusing the issues;
  • Misleading the jury;
  • Undue delay;
  • Wasting time; or
  • Needlessly presenting cumulative evidence

FRE 403

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26
Q

What is the only time evidence is admissible without the 403 balancing test?

A

If a witness has been convicted of a felony or misdemeanor involving dishonesty and it’s less than 10 years old, there is no discretionary balancing test. It will be admitted, even if it has a serious prejudicial effect.

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27
Q

What is the general rule regarding the admissibility of character evidence in civil cases?

A

Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. It may be offered, however, for a different purpose.

FRE 404(a)(1)

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28
Q

When character is an essential element of the claim, what type of character evidence is admissible?

A
  1. Reputation testimony;
  2. Opinion testimony; and
  3. Relevant specific instances of that person’s conduct

FRE 405

⚠️ Note: This is one of only a few circumstances in which specific instances/acts may be offered.

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29
Q

When can evidence of D’s character be admitted in a criminal case?

A

By the defendant:

  • Reputation or opinion evidence of D’s own good character if trait is pertinent to charge (e.g. peacefulness if a murder trial)
  • ⚠️ Cannot be introduced by specific acts!!

By the prosecution:

  • If D has “opened the door” by offering his own character evidence, the prosecution can introduce character evidence to directly rebut D’s evidence; or
  • If D has introduced evidence of V’s trait under FRE 404(a)(2)(A), prosecution can introduce evidence of D’s same trait (e.g. “V is violent,” “No, you’re violent”)
  • ⚠️ Can be introduced by reputation or opinion testimony, and specific acts on cross-examination. Extrinsic evidence of specific acts is not allowed.
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30
Q

When can evidence of V’s character be admitted in a criminal case?

A

By the defendant:

  • Reputation or opinion evidence on V’s trait if pertinent to a defense asserted (e.g. showing V was violent to support first-aggressor claim)

By the prosecution:

  • To directly rebut D’s claim of V’s bad character
  • Homicide cases: can rebut claim D’s that V was the first aggressor by showing V had character for peacefulness (D is not required to “open the door”)
  • Reputation, opinion, and specific acts allowed on cross
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31
Q

Are prior bad acts admissible to prove D’s character and that he acted in conformity therewith?

A

No, but they may be admissible to show:

  1. Motive;
  2. Intent;
  3. Absence of Mistake;
  4. Identity;
  5. Knowledge;
  6. Opportunity;
  7. Preparation
  8. Common Plan or Scheme

⚠️ Note: This list is non-exhaustive.

FRE 404(b)(2)

32
Q

Is evidence of habit admissible?

A

Yes, to prove that a person or a business acted in conformity with the particular habit or custom on this particular occasion

⚠️ Never admissible to show carelessness or negligence (e.g. she never wore her seatbelt)

33
Q

When is evidence of an offer to settle a claim admissible?

A

If the evidence is used to show:

  1. A witness’s bias or prejudice;
  2. Negating a contention of undue delay; or
  3. Proving an effort to obstruct a criminal investigation or prosecution

FRE 408

34
Q

Are offers to pay medical bills admissible?

A

Never to show liabilty.

However, any separate admissions of liability made in conjunction with the offer are admissible.

⚠️ Note: Admissions in conjunction with offers to settle are not admissible, only for offers to pay medical bills.

FRE 409

35
Q

In a criminal case, when is evidence of V’s sexual behavior admissible?

A
  1. Specific instances of V’s sexual behavior, to prove that someone other than D was the source of semen, injury, or other physical evidence;
  2. Specific instances of V’s past sexual behavior with D, to prove consent
  3. If omission of the evidence would violate D’s constitutional rights

FRE 412

36
Q

What is authentication by chain of custody?

A

Proves that the item in court has not been materially altered or tampered with. Every witness who handled the object must testify and state:

  1. When the witness took custody of the evidence and from whom/where;
  2. Precautions taken to preserve the evidence;
  3. That the item was not substituted, nor tampered with while in their custody; and
  4. When the custody of the item was relinquished and to whom (e.g. for fingerprint testing)
37
Q

What are examples of methods by which evidence can be authenticated?

A
  • Testimony by a custodian of the records
  • Testimony by a person who prepared or created the document
    • E.g. the lab technician who created the report
  • Testimony by a person who witnessed the signing of the document
  • Testimony by an expert witness qualified to render an opinion on the issue
    • E.g. a handwriting expert testifying that the letter was written in the defendant’s unique penmanship
  • Showing the trier of fact a comparison of the unauthenticated evidence with an authenticated specimen

FRE 901

38
Q

How can a physical object be authenticated?

A
  1. Personal knowledge: Testimony of a witness with personal knowledge that the item is what it’s claimed to be;
  2. Distinctive characteristics: by the appearance, contents, substance, internal patterns, or other distinctive characteristics of the item (e.g. engraved initials on the gun);
  3. Chain of custody

FRE 901(b)(1) and FRE 904(b)(4)

39
Q

How do you authenticate x-rays and other evidence whose accuracy depends on unseen processes?

A

Proponent must:

  1. Establish a valid chain of custody;
  2. Show that the machine was working properly;
  3. Show that an accurate process was used; and
  4. The operator of the machine was competent to operate it
40
Q

What are the three ways to authenticate handwriting?

A
  1. Testimony of lay person who was familiar with the handwriting before litigation began
    • E.g. Mother testifies that she recognizes the handwriting as her son’s
  2. Comparison by a qualified expert (can use handwriting specimen written in preparation for trial)
  3. Comparison by trier of fact: jury can compare side-by-side specimens
41
Q

What are the only 2 situations in which the Best Evidence Rule applies?

A
  1. Terms of the writing are being proven (e.g. contents of a will or photo); or
  2. Witness relies on contents of the original during his/her testimony

⚠️ Be careful: The Best Evidence answer on the MBE is usually wrong. Unless it is these 2 scenarios, the original copy is not needed. Also, the Best Evidence Rule only applies to situations where material terms are at issue. Be wary of questions where the terms are not material.

42
Q

When are duplicates admissible under the Best Evidence rule?

A
  • There is no genuine question as to the original’s authenticity (FRE 1003);
  • All originals are lost or destroyed and not by the proponent acting in bad faith (FRE 1004(a));
  • Original cannot be obtained by any available judicial process (FRE 1004(b));
  • Party against whom the original was going to be used had control of the original and failed to produce it at trial (FRE 1004(c)); or
  • Needed to prove the contentS of an official, certified record (FRE 1005)
43
Q

Are lay (non-expert) opinions admissible?

A

Only if they are based on first-hand knowledge and:

  1. Rationally based on the witness’s perception;
  2. Helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and
  3. Not based on scientific, technical, or other specialized knowledge

FRE 701

44
Q

What are the requirements for expert testimony?

A
  1. Witness is qualified to be an an expert by knowledge, skill, experience, training, or education;
  2. Witness’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
  3. Testimony is based on sufficient facts or data;
  4. Testimony is the product of reliable principles & methods; and
  5. Expert has reliably applied the principles and methods to the facts of the case

FRE 702

45
Q

What are the basic testimonial privileges?

A
  1. Attorney/client
  2. Psychotherapist/client
  3. Spousal
  4. Doctor/patient
  5. Clergy-penitent (some jurisdictions)
46
Q

What is required for a privilege to apply?

A
  1. Persons in the conversation are in a protected/privileged relationship;
  2. Communication was intended to be confidential (i.e. outside the presence of a third party);
  3. Holder is asserting the privilege;
  4. Privilege was not waived; and
  5. No exceptions apply
47
Q

When is a privilege waived?

A
  1. Privilege is not timely asserted;
  2. Privilege is waived via contract; or
  3. Holder intentionally tells a third party about the communication
48
Q

Under what circumstances does attorney-client privilege not exist?

A

If:

  1. Communication was sought to faciliate a crime or fraud;
  2. Lawyer’s client is now deceased and disclosure is necessary to effectuate a will;
  3. Communication is necessary for the lawyer to defend him/herself; and
  4. Lawyer had two joint clients who are now adverse to one another
49
Q

Under what circumstances does doctor-patient privilege not apply?

A
  1. Personal injury cases where patient’s condition is at issue;
  2. If the examination or communication was made for the purpose of litigation;
  3. If the communication was used to faciliate a crime;
  4. If there is a dispute between the doctor and patient (e.g. malpractice); or
  5. Patient waived the privilege
50
Q

Compare spousal immunity and marital communications privilege

A
  • Spousal immunity
    • Can only be asserted during the marriage (terminates upon divorce or annulment)
    • Can be asserted by the witness-spouse only
    • Can apply to communications before marriage
    • Criminal cases only
  • Marital communications
    • Can be asserted at any time, including after divorce or death of a spouse
    • Can be asserted by either party
    • Only covers communications during marriage
    • Civil and criminal cases
51
Q

Define

hearsay

A

Out of court statement offered to prove the truth of the matter asserted.

Inadmissible unless an exception applies.

FRE 801

⭐️ Memorize this definition.

52
Q

What is considered a statement for hearsay purposes?

A
  • Oral assertion;
  • Written assertion; or
  • Nonverbal conduct/gestures, if the person intended it as an assertion (e.g. shaking your head “yes”)

FRE 801

53
Q

What type of statements do not constitute “offering to prove the truth of the matter asserted,” and thus are considered nonhearsay?

A
  1. Statements that have independent legal significance (e.g. tortious words, defamation, transactional words (“I accept the offer”);
  2. Statements to prove the state of mind of the declarant or the listener;
  3. Statements to show the effect on the listener (e.g. to show D saying “I’m going to kill you” frightened P);
  4. Statements offered for solely for impeachment

⚠️ Be careful: Some statements are admissible because they are nonhearsay. Some statements are admissible because they are hearsay and qualify under an exception.

54
Q

Are statements by an opposing party admissible as nonhearsay?

A

Yes, out-of-court statements made by a party to the litigation are always admissible as nonhearsay when offered by the opposing party.

Ex. Max is suing Ian for negligence. All of Ian’s and Max’s out-of-court statements are admissible.

55
Q

What type of declarant-witness statements (that would otherwise be hearsay) are considered nonhearsay according to the FRE?

A
  1. Prior sworn inconsistent statements;
  2. Prior consistent statement; and
  3. Prior identification

⚠️ Remember: These are not hearsay exceptions. They are considered nonhearsay, or “hearsay exemptions.”

FRE 801(d)(1)

56
Q

Name the 3 types of prior statements that are considered nonhearsay. What is required to admit them?

A
  1. Prior sworn inconsistent statements;
  2. Prior consistent statements; and
  3. Prior statements of identification

In order to be admissible, the declarant must:

  1. Testify at the present trial; and
  2. Be subject to cross-examination

⚠️ Be extremely careful about fact patterns with prior statements when the declarant is not available to testify. Unless the declarant is currently testifying, the statements will be inadmissible.

57
Q

When is a prior inconsistent statement admissible as both substantive evidence AND evidence to impeach?

A

If:

  1. The declarant is available to testify and subject to cross-examination; and
  2. The prior inconsistent statement was a sworn statement under penalty of perjury at a prior trial, hearing, deposition, or other legal proceeding

⚠️ Note: If the statement was not made under oath, it cannot be admitted for substantive evidence. Only for impeachment purposes. This is tricky, so watch out.

FRE 801(d)(1)(A)

58
Q

When is a prior inconsistent statement only admissible to impeach? (and not as substantive evidence)

A

If the statement was not made under oath, it will only be allowed to impeach. If the statement was made under oath, it is admissible to impeach and as substantive evidence.

59
Q

When is a prior consistent statement admissible as nonhearsay?

A

If:

  1. Declarant is a currently testifying witness and subject to cross-examination; and either:
  2. Statement is offered to rebut charge that declarant recently fabricated testimony or was subject to undue influence or motive; or
  3. Statement is to rehabilitate the declarant’s credibility as a witness when attacked on another ground

FRE 801(d)(1)

60
Q

When is a prior identification admissible as nonhearsay?

A

Admissible as substantive evidence if:

  1. Declarant is a currently testifying witness and subject to cross-examination; and
  2. Witness identified the person prior to trial (e.g. in a lineup)

FRE 801(d)(1)(C)

61
Q

What is the hearsay exception for present sense impressions?

A

Statement is admissible if:

  1. It describes or explains an event; and
  2. Made during the event or immediately afterwards

Ex. “A red car is driving next to us”

FRE 803(1)

62
Q

What is the hearsay exception for excited utterances?

A

Statement is admissible if it:

  1. Relates to a startling event or condition; and
  2. Was made while the declarant was under the stress of excitement that it caused

Ex. “Oh my gosh, look, the house across the street is on fire!!”

FRE 803(2)

63
Q

What is the hearsay exception for statements made for purpose of medical diagnosis or treatment?

A

Statement is admissible if it:

  1. Was made to medical personnel (doctors, nurses, anyone involved in treatment);
  2. Was made for - and is pertinent to - medical diagnosis or treatment (e.g. describes medical history; past or present symptoms or sensations; their inception; or their general cause)

FRE 803(4)

64
Q

What are the rights of an adverse party when past recollection recorded is used?

A
  1. Inspect the writing;
  2. Cross-examine with it;
  3. Show it to the jury for comparison; and
  4. Introduce relevant portions into evidence for its truth
65
Q

What is the hearsay exception for past recollection recorded?

A

Recorded recollection is admissible if:

  1. The record is on a matter that the witness once knew about but cannot recall well enough to testify on;
  2. The record was made or adopted by the witness when the matter was fresh in the witness’s memory; and
  3. The record accurately reflects the witness’s knowledge

If admitted, the record may be read into evidence but may be received as an exhibit only if offered by an adverse party.

FRE 803(5)

66
Q

What is the hearsay exception for business records?

A

A record of an act, event, condition, opinion, or diagnosis is admissible if:

  1. The record was made in the regular course of business;
  2. The record was made “at or near the time” of the matter recorded;
  3. Record was made by an employee of the business with knowledge of the matter recorded

FRE 101(b)(4); 803(6)(A)–(C)

67
Q

What are the hearsay exceptions if the declarant is unavailable?

A
  1. Former testimony;
  2. Statement against interest;
  3. Dying declaration;
  4. Statement of personal or family history; and
  5. Statements against party that caused declarant to be unavailable
68
Q

When does the hearsay exception for former testimony apply?

A

Former testimony is admissible if:

  1. Declarant is unavailable;
  2. Testimony was given under oath as a witness at a trial, hearing, or lawful deposition (either the current one or a different one); and
  3. The party against whom the testimony is being offered had an opportunity and similar motive to develop the testimony by direct, cross-, or redirect examination (i.e. the prior cross-examination is a reasonable substitute for cross-examination in the current case)

FRE 804(b)(1)

69
Q

When does the exception for dying declarations apply?

A
  1. The proceeding is either a homicide case or civil case; and
  2. Declarant is unavailable;
  3. Declarant believed death was imminent; and
  4. Statement was about the cause or circumstances surrounding the declarant’s imminent death

⚠️ Note: The declarant does not need to be dead, only unavailable.

FRE 804(b)(2)

70
Q

When does the exception for a statement against interest apply?

A
  1. Declarant is unavailable;
  2. Statement is against the declarant’s proprietary or pecuniary interest or would expose the declarant to civil or criminal liability; and
  3. A reasonable person in the declarant’s position would not have made the statement unless she believed it to be true
    And, if it is a criminal case or the statement exposes declarant to criminal liability:
  4. Statement must be supported by corroborating circumstances that clearly indicate its trustworthiness

FRE 804(b)(3)

71
Q

What is the difference between an opposing party statement and a statement against interest?

A

Opposing party statement:

  • Must be made by an opposing party in the suit
  • Does not need to be against party’s interest
  • Declarant does not need to be unavailable

Statement against interest:

  • Can be made by anyone
  • Must be against party’s interest (e.g. “It was me who killed her”)
  • Declarant must be unavailable

⭐️ Essentially, remember this, a statement against interest can never be made by a party opponent. Why? Because party opponents must be available and present at trial, otherwise it would violate their constitutional right to confrontation.

72
Q

When does the hearsay exception for statement of personal or family history apply?

A
  1. Declarant is unavailable; and
  2. Statement is regarding the declarant’s own birth, adoption, legitimacy, ancestry, marriage, divorce, or other familial relationship; or
  3. Statement concerns another person’s family history and the declarant is so intimately associated with the person’s family that the declarant’s information is likely to be accurate

FRE 804(b)(4)

73
Q

What is the residual hearsay exception?

A

A hearsay statement that is not covered under FRE 803 or 804 may be admissible if:

  1. Statement has equivalent circumstantial guarantees of trustworthiness;
  2. It is offered as evidence of a material fact;
  3. It is more probative on the point for which it is offered than any other evidence that the proponent can reasonably obtain; and
  4. Admitting it will best serve the purposes of the FRE and the interests of justice

FRE 807

74
Q

What is the importance of the Confrontation Clause (in an evidentiary context)?

A

Provides that testimonial hearsay against a criminal D who has not had the opportunity to cross-examine the declarant, violates D’s 6th Amendment right to “confront the witnesses against him.”

75
Q

What is testimonial evidence in the context of the Confrontation Clause?

A
  1. Prior testimony at a preliminary hearing, before a grand jury, or at a former trial; and
  2. Police interrogations (unless during an emergency)

See Crawford v. Washington

76
Q

When can testimonial evidence be admitted without violating the Confrontation Clause?

A
  1. Declarant is unavailable; and
  2. Criminal D had a prior opportunity to cross-examine the declarant

⚠️ Remember: A criminal D forfeits this right if they cause the unavailability of the declarant with the intent to prevent them from testifying.

See Giles v. California

77
Q

Can hearsay within hearsay (“double hearsay”) be admitted?

A

Yes, as long as each hearsay statement is admitted under a hearsay exception

MBE Rapid Fire (8 decks)

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