Greatest Hits Flashcards
Hearsay exemptions/not hearsay under the FRE
Admission a party opponent and a party admission
Prior inconsistent satement given under Oath
Prior consistent statement offered to rebut charge of recent Fabrication or improper influence or motive
Prior statements of IDentification
Hearsay exceptions-declarant must be unavailable
- Former testimony offered against someone who had an opportunity to examine in similar motives
- Statement against interests
- Dying declarations
Even if hearsay law does not make the evidence and admissible, the confrontation clause might make it out of court statement offered by the prosecution against the defendant in a criminal case and admissible. The confrontation clause excludes an out-of-court statement if
Declarant does not testify at trial, declarant is now unavailable, the statement is testimonial, and defendant had no opportunity to cross examine the declarant about statement when made.
The commerce clause
Article 1, section 8 states that Congress has the power to regulate commerce with foreign nations, among the states, and with Native American tribes. The commerce clause grants Congress the exclusive power to regulate the channels and instrumentalities of commerce, and other activities that have a substantial effect on interstate commerce.
Rule for state regulation of interstate commerce
If Congress has not acted, a state or local government may regulate local aspects of interstate commerce, unless the state or local laws are discriminatory or place an undue burden on interstate commerce. This rule is inferred from the grant of power to Congress in the commerce clause to regulate interstate commerce.
A state/local law that discriminates against out-of-staters is unconstitutional unless the law is necessary to achieve an important government purpose. (Or there is congressional approval or the state is a market participant.)
Even if the state local law is not discriminatory, the law nevertheless violates the dormant commerce clause if the law places an undue burden on interstate commerce, i.e. the burdens outweigh the benefits.