Final Review Flashcards
Not Hearsay
Declarant must testify and be subject to cross:
- admissions by a party-opponent
- Prior statements of a testifying witness
- Prior Identification
7 hearsay exceptions where declerant must be available
- present sense impression
- excited utterance
- statement existing physical emotional or mental condition
- medical exception
- past recollection recorded
- Business record exception
- public records exception
Hearsay exceptions where declerant must be unavailable
1) former testimony
2)) dying declaration
3) declaration against interest
Methods of impeachment
1) prior inconsistent statement
2) prior conviction
3) prior bad acts
4) bias
6) Motive, Intent, Identity, Mistake, Common Scheme or plan
con law approach
- who is the actor
- what is the broad topic
Executive Branches Domestic Authority
- appoint high level officers with senate approval
- pardon federal offenses
- veto bills
Executive Branches foreign powers
- can act militarily
- represents US in foreign relations
- enter into treaties with 2/3 senate approval
protects out of state citizens from a state denying them important economic interests
priviledges and imminunities clause of Article IV
prevents states from denying their own citizens rights
privileges and immunities clause of Article IV
parole evidence rule
the terms of a fully integrated contract cannot be altered by evidence of a prior or contemporaneous oral statement or a prior written statement
UCC presumes contracts are not fully integrated and allows parole evidence
if a a 3rd party beneficiary is suing, their rights have
vested
