Evidence - Hearsay

Question 1

Hearsay

Answer 1

out of court statement taken for the truth of the matter asserted

Question 2

Offer, Acceptance, Libel, Slander

Answer 2

not hearsay

Question 3

Statements of independent legal significance

Answer 3

non-hearsay use

Question 4

Statements offered to show their effect on this listener

Answer 4

non-hearsay use

Question 5

Statements offered to show speaker’s knowledge

Answer 5

non-hearsay use

Question 6

Statements offered to show state of mind

Answer 6

non-hearsay use

Question 7

Hearsay Exemptions

Answer 7

deemed non-hearsay

Question 8

Admission

Answer 8

hearsay exemption, deemed non hearsay if offered against that party

Question 9

Judicial admission

Answer 9

made in pleasing or testimony

Question 10

Adoptive admission

Answer 10

acquiescence in another’s statement

Question 11

Silence as an admission

Answer 11

if (1) party heard, understood, and capable of responding (2) reasonable person in the party’s position would have responded

Question 12

Vicarious Admission

Answer 12

made by agent or employee

Question 13

Co-conspirator admission

Answer 13

co-conspirator’s statements are admissible against D if made in furtherance of the conspiracy

Question 14

Prior inconsistent statement given under oath

Answer 14

hearsay exemption, deemed non-hearsay

Question 15

Prior consistent statement

Answer 15

if offered to rebut a charge of fabrication, improper boas, or improper motive

Question 16

Prior statement of identification after perception

Answer 16

hearsay exemption, deemed non-hearsay

Question 17

Unavailability

Answer 17

(1) privilege (2) death or physical/mental sickness (3) refusal to testify despite court order (4) lack of memory (5) absent – beyond reach of court’s subpoena power and statement’s proponent has not been able to procure attendance or testimony

Question 18

Former Testimony

Answer 18

(1) declarant MUST be unavailable (2) given under oath (2) party in prior action, must be able to cross OR similar motive for cross

Question 19

Statements Against Interest

Answer 19

(1) declarant MUST be unavailable (2) contrary to interest when made (3) reasonable person would not have made statement unless true

Question 20

Dying Declarations

Answer 20

(1) declarant MUST be unavailable (2) made under belief of impending death (3) made regarding cause of impending death; ONLY available in civil or homicide cases

Question 21

Statements of personal or family history

Answer 21

declarant MUST be unavailable

Question 22

Statements offered against party procuring declarant’s unavailability

Answer 22

declarant MUST be unavailable

Question 23

Present Sense Impression

Answer 23

admissible hearsay (1) describe condition (2) made immediately after or during event

Question 24

Excited Utterance

Answer 24

admissible hearsay (1) relates to an exciting event (2) made under stress of excitement

Question 25

Then-Existing State of Mind

Answer 25

admissible hearsay (1) to show intent at time of statement or (2) circumstantial evidence that event was carried out

Question 26

Then-existing Condition

Answer 26

admissible hearsay// offered to establish physical condition, symptom, or sensation that declared experienced at the time of the statement

Question 27

Physical condition (for medical diagnosis or treatment)

Answer 27

admissible hearsay (1) to medical personnel (2) pertinent to assisting in diagnosis or treatment of a condition

Question 28

Business records

Answer 28

admissible hearsay if (1) record of business (2) made in regular course of business (3) made at or near time of matter described (4) made by an employee with personal knowledge of facts recorded (5) authenticated or certified in writing

Question 29

Police reports

Answer 29

in criminal cases, in admissible as business records or public records

Question 30

Public Records

Answer 30

admissible hearsay if (1) describes the activities of a public office or agency (2) describer matters observed or factual finding resulting from investigation (3) made within the scope of duty of a public employee

Question 31

Judgements

Answer 31

certified copies of judgements admissible

Question 32

Prior Convictions

Answer 32

inadmissible in criminal cases against no D’s unless used for impeachments

Question 33

Learned Treatises

Answer 33

arises with expert testimony only; (1) must establish (2) expert can rely on direct or be impeached on cross. (3) statements may only BE READ into evidence

Question 34

Family records

Answer 34

admissible hearsay if statements of fact found in family keepsakes

Question 35

Ancient Documents

Answer 35

a form of documentary evidence

Question 36

Out of court statements offered against D excluded if

Answer 36

(1) declarant is unavailable (2) no cross (3) statement is testimonial

Question 37

Testimonial Statement

Answer 37

(1) prior statements during court proceedings (2) made in furtherance of police investigation

Question 38

Nontestimonial Statement

Answer 38

statements made to police during ongoing emergency

Question 39

Co-Defendant Statements

Answer 39

usually barred by confrontation clause by non-testifying co-D

Question 40

Declarant Co-D testifies

Answer 40

admissible if subject to cross

Question 41

Redaction

Answer 41

admissible portions of co-D’s testimony referring to non-declarant redacted

Question 42

Coerced confession

Answer 42

statement is used to rebut a charge of a coerced confession