Hearsay

Question 1

Hearsay definition

Answer 1

An out of court statement offered to prove the truth of the matter asserted

Not admissible unless falls under an exception.

Question 2

Non Hearsay

Answer 2

Prior statements by testifying witness to ID or inconsistent statement (under oath)

Opposing party’s statement (aka admission by party opponent)

Question 3

What it does it mean for declarant to be unavailable?

Answer 3

PRISM

Privilege
Refusal to testify
Subpoena (failure to comply)
Memory (lack of)

Question 4

Hearsay exceptions where declarant must be unavailable

Answer 4

Former Testimony
Statements against interest
Dying Declaration
Forfeiture by wrong doing

“Former Santa Died Farting”

Question 5

Hearsay Exceptions (declarant does not have to be unavailable)

Answer 5

1. Excited Utterance
2. Present Sense Impression
3. Present State of Mind
4. Statements made for medical treatment
5. Business records
6. Official records
7. Recorded recollection

Question 6

Confrontation Clause

Answer 6

Person has a right to be confronted by witnesses against him

Hearsay exception can’t be admitted if:
1. Against Def in crim case
2. Declarant unavailable
3. Statement = testimonial (for litigation)
4. No opportunity to cross before trial

Question 7

Learned treatise Exception

Answer 7

Substantively admissible if:
1) called to attention/relied on by experts
2) established as reliable authority by testimony, admission, expert, judicial notice

• only statements (not entire treatise) may be read or jury (Not offered as exhibit)