hearsay

Question 1

hearsay

Answer 1

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

hearsay = NOT admissible

Question 2

what is not offered to prove the truth of the matter asserted?

Answer 2

• offer
• acceptance
• libel
• slander
• verbal acts that show motive

Question 3

present sense impression

Answer 3

non-emotional statement

statement made at the time of observation

who? what? where?

Question 4

excited utterance

Answer 4

statement made while excited

“yelled, shrieked, !”

Question 5

then existing mental, emotional, or physical state of mind

Answer 5

generally go to intent or emotion

statement of mind

“I couldn’t have killed her, I loved her”
“I was on my way to new york”

Question 6

business record

Answer 6

record made in the ordinary course of business

done all the time

Question 7

statement for medical diagnosis or treatment

Answer 7

past or present symptoms about a treatment or diagnosis

said to medical professional

Question 8

recorded recollection

Answer 8

witness once knew about this document and cannot remember

either made by the witness or adopted

put in front of the witness to recollect their memory

may be read into evidence

Question 9

public record

Answer 9

record or statement of a public office that shows activities or observation of a person under duty to report

done by a public official

Question 10

absence of business/public record

Answer 10

there was no record

Question 11

learned treatise

Answer 11

expert witness is relying on treatise

Question 12

ancient document

Answer 12

more than 20 years old and authenticated

Question 13

catchall exception

Answer 13

any other kind of statement that is trustworthy, material, or in the interest of justice can come in

Question 14

dying declaration

Answer 14

(1) declarant is unavailable

(2) decalarant has to believe they are dying

(3) statement is about why they are dying

(4) applies in homicide or civil case

Question 15

statement against interest

Answer 15

declarant is unavailable

declarant makes a statement that makes them look guilty or liable

not an admission = typically made by a non-party

Question 16

former testimony

Answer 16

declarant is unavailable

(1) a party against whom the former testimony is being offered was a party in the former case

(2) former case is about the same subject matter

(3) former testimony was under oath

(4) they had the opportunity to cross-examine

Question 17

admissions

Answer 17

non hearsay

one party makes statements of admission or guilt

Question 18

vicarious admission

Answer 18

non hearsay

statements of admission made usually by an employer

“yeah we don’t fix the breaks”

Question 19

adoptive admissions

Answer 19

non hearsay

lack of response/silence when a reasonable person would have responded or been offended

Question 20

prior consistent statement

Answer 20

non hearsay

statement made earlier by the declarant

to refute any charge of lying or bad motive

Question 21

prior sworn inconsistent statement

Answer 21

non hearsay

made under oath that is inconsistent with current statement

Question 22

prior ID

Answer 22

non hearsay

declarant testifying about an earlier identification

Question 23

right to confrontation

Answer 23

right to confront a witness concerning an out-of-court statement depends on whether the statement was testimonial

(1) statement made to police during the course of emergency = not testimonial so allowed

(2) physical evidence (ie a limp)

(3) hearsay upon hearsay = two statements of hearsay