hearsay

Question 1

How does VA treat a prior inconsistent statement made by a W under oath and subject to cross?

Answer 1

in VA, only admissible for impeachment purposes

NOT substantive EV

Question 2

How does VA treat a testifying declarant’s prior statement of identification?

Answer 2

an exception to hearsay

Question 3

How does VA treat the public records exception to hearsay?

Answer 3

These public records are admissible for their truth:

public agency activities and observations but NOT factual findings

Question 4

Are police car accident investigations admissible?

Answer 4

no

bring the officer in to testify live

use report to refresh memory

Question 5

What is a learned treaty?

Answer 5

any book that compiles learning in a field

Question 6

When is a learned treaty admissible in VA civil cases?

Answer 6

when called to attention of expert on cross or relied on by the expert on direct

established as reliable

you can read it into EV for impeachment and substantive EV

Question 7

When is a learned treaty admissible in VA CRIMINAL cases?

Answer 7

can only use for impeachment purposes

Question 8

when is the only time a dying declaration will come in in VA?

Answer 8

homicide cases

Question 9

does VA follow forfeiture by wrongdoing?

Answer 9

yes in case law

Defendant intended and actually caused declarant to be unavailable