HEARSAY

Question 1

common examples of non-truth of the matter asserted purposes

Answer 1

verbal acts - like a word of k or legally defamatory word
-statements offerd to show effect on listener or reader
-statements offered as circumstantial ev of declarants state of mind (like knowledge or insanity)

tip - if we are relying on declarants credibility - likely truth of matter asserted (hearsay)

Question 2

preliminary determinations for statement of a party opponent vicarious statement

Answer 2

court must determine the relationship - court must consider contents of the statement, but statement alone is not sufficient to establish required relationship (must be some independent evidence of vicarious statement)

Question 3

prior criminal acquittal as hearsay

Answer 3

hearsay exception doesnt aply to records of prior acquittals

Question 4

judgment in prior civil cases re hearsay?

Answer 4

civil judgment is generally inadmissibl in subsequent criminal proceeding because of different standards of proof; also generally inadmissible in subsequent civil proceedings subject to certain statutory exceptions

Question 5

residual hearsay catch-all exception

Answer 5

1) hearsay statement must possess sufficient guarantees of trustworthiness (use 1) totality of circumstances in which statemetn was made and 2) any evidence that corroborates the statement) 2) statemetn must be strictly necessary and
3) proponent must give reasonable notice to the adversary as to their intent to offer the statemetn including 1) the substance of statement 2) name of declarant (give notice in advance of trial usually in writing)