Evidence Final

Question 1

Hearsay =

Answer 1

R801 =

1) A statement
2) - NOT made at current trial
3) Offered as evidence to prove truthfulness of the matter asserted

Question 2

Hearsay - Oral Contracts

Answer 2

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

Question 3

EXCLUSIONS - NON-Hearsay

Declarant-Witness’s Prior Statement-

Answer 3

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

Question 4

EXCLUSIONS - NON-Hearsay

Opposing Party’s Statement

Answer 4

Opposing Party’s Own statement - offered against an opposing party
+
- Also Includes : 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

Question 5

Hearsay EXCEPTIONS - DECLARANT MUST BE UNAVAILABILE

Answer 5

1. Former Testimony
2. Dying Declaration
3. Statement Against Interest
4. Wrongfully Caused the Declarant’s Unavailability
5. Family History

Question 6

Unavailable

Answer 6

1. Death
2. Privilege
3. Refuses to testify
4. Not been able to procure
5. Not remembering

Question 7

EXCEPTIONS - NOT REQUIRING UNAVAILABILITY

Answer 7

1. Present Sense Impression
2. Excited Utterance
3. Then-Existing Mental State of Mind (emotional / Physical - fear , pain)
4. Medical Diagnosis
5. Recorded Recollection - once knew but forgot
6. Business Records
7. Public Records

Question 8

IMPEACHMENT

Answer 8

To discredit the witness on the stand in Court
Not to prove your case
Not R 400 - Character Evidence but R600

Question 9

Modes of IMPEACHMENT

Answer 9

B-I-C-C-C
– Bias, Inconsistent Statements
Capacity, Character, Contradiction

Question 10

Impeachment Character:

Answer 10

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

Question 11

Impeachment Character -

Opinion / Reputation

Answer 11

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

Question 12

Impeachment Character - Specific Acts

Answer 12

w/o Conviction:
FRE 608(B): Specific Acts – On Cross things he has done that bear on his TRUTHFULNESS
(fraud, embezzlement, etc)

Question 13

Impeachment Character - Crime Convictions

Answer 13

FELONY Crime Convictions:
- 1 yr or more of punishment

• • over 10 years - NOT permitted
• Cimin falsi must be admitted

Question 14

Confrontation Clause

Answer 14

Applies in Criminal Trials

• Comes in
  = Statement to assist w/ ongoing emergency
• Out if
  = Statement to assist w/ investigation + prosecution

Question 15

Rule of completeness

Answer 15

If one party introduces a writing or recording -

- the other part may require any part of the rest of the recording in fairness