Evidence Final Flashcards
Hearsay =
R801 =
1) A statement
2) - NOT made at current trial
3) Offered as evidence to prove truthfulness of the matter asserted
Hearsay - Oral Contracts
1) Testimony / Statements are NOT being offered to prove the matter BUT just to prove a contract Existed
2) It is an Oral contract , so you have to know what people said to know if one existed
EXCLUSIONS - NON-Hearsay
Declarant-Witness’s Prior Statement-
Witness –> is Available, Testifies and subject to cross
1) Prior Inconsistent Statement -given Under Oath
2) Prior Consistent Statement - rehabilitation
3) Prior Identification - Prior Id
EXCLUSIONS - NON-Hearsay
Opposing Party’s Statement
Opposing Party’s Own statement - offered against an opposing party
+
(also) Statements made by -
4) Individual in representative capacity
5) Opp Party Manifested / Believed to be True - silence
6) Authorized to make a statement on the subject
7) Party’s agent or employee
8) Co-conspirator
Hearsay EXCEPTIONS - DECLARANT MUST BE UNAVAILABILE
- Former Testimony
- Dying Declaration
- Statement Against Interest
- Wrongfully Caused the Declarant’s Unavailability
- Family History
Unavailable
- Death
- Privilege
- Refuses to testify
- Not been able to procure
- Not remembering
EXCEPTIONS - NOT REQUIRING UNAVAILABILITY
- Present Sense Impression
- Excited Utterance
- Then-Existing Mental State of Mind (emotional / Physical - fear , pain)
- Medical Diagnosis
- Recorded Recollection - once knew but forgot
- Business Records
- Public Records
IMPEACHMENT
To discredit the witness on the stand in Court
Not to prove your case
Not R 400 - Character Evidence but R600
Modes of IMPEACHMENT
B-I-C-C-C
– Bias, Inconsistent Statements
Capacity, Character, Contradiction
Impeachment Character:
FRE 608: CHARACTER of witnesses may only be addressed to ascertain one’s truthfulness or untruthfulness
- Bad Character for Honesty-
ONLY 3 Ways: (1) Opinion / Reputation (2) Specific Acts w/o conviction (3) Convicted of Crimes
Impeachment Character -
Opinion / Reputation
ONLY BY Opinion and Reputation - may use extrinsically or intrinsically
• FRE 608(a): W2 only refer to W1 truthfulness/untruthfulness by Opinion/ Reputation
• FRE 608(a): May NOT introduce truthfulness first to BOLSTER
Impeachment Character - Specific Acts
w/o Conviction:
FRE 608(B): Specific Acts – On Cross things he has done that bear on his TRUTHFULNESS
(fraud, embezzlement, etc)
Impeachment Character - Crime Convictions
FELONY Crime Convictions:
- 1 yr or more of punishment
- over 10 years - NOT permitted
- Cimin falsi must be admitted
