Hearsay

Question 1

Is Hearsay Admissible?

Answer 1

Hearsay is generally inadmissible, unless it fits into an exception

Question 2

For hearsay, when are you not trying to prove the truth of the matter?

Answer 2

1. Verbal acts that show motive or notice
2. or words of offer, acceptance, contract formation or defamation

Question 3

For Hearsay, what is present sense impression?

Answer 3

An exception that covers statements made while observing some fact. “There goes the car, it was green and fast”

Declarant can be unavailable or available.

Question 4

For hearsay, what is excited utterance?

Answer 4

An exception that covers statements made while one is excited. Usually ends in an exclamation point.

Question 5

For hearsay, what is then existing mental, emotional, and physical state of mind?

Answer 5

A hearsay exception that occurs what someone was feeling at time it was made

Question 6

For hearsay, what is the business record exception?

Answer 6

An exception that covers statements and materials made in the normal course of business instead of just a one time thing. Punch cards, filing out time sheets, etc.

Question 7

For hearsay, are medical statements exempted?

Answer 7

Yes, so long as it is related to the medical diagnosis, symptoms, and or treatment.

Question 8

Recorded Recollection?

Answer 8

1. Statement where a witness once knew about the info but cant remember some stuff about it
2. Some document usually made by the witness in the past
3. Can show witness document for him to authenticate it and he can actually read it into evidence

Question 9

hearsay public policy exception?

Answer 9

Done by public office, showing the activities of the employee in the course of observing some fact.

Think POLICE REPORT

Question 10

Ancient Document exception?

Answer 10

Over 20 years old and no reason to doubt authenticity

Question 11

Catch all exception hearsay?

Answer 11

Any other statement which is trust worthy and the interest of justice would be fulfilled if it was brought in

Question 12

Dying declaration exception?

Answer 12

1. declarant needs be unavailable
2. Statement made while believed they were dying
3. has to be about why they think they’re dying

available in homicide and civil cases

Question 13

Statement against interest exception?

Answer 13

1. statement declarant made that makes them look guilty, it is against their own interest
2. made by a non-party

Question 14

Unavailability of witness testimony

Answer 14

Party against whom former testimony is being offered myst have

1. been a party of the first case
2. former case is same subject matter as current case
3. Former testimony was under oath
4. AND had opportunity to examine witness

Question 15

Right to conform witness?

Answer 15

Generally, d is afforded right to confront their accuser

Question 16

When is a statement not testimonial?

Answer 16

1. Any statement made to help the police during emergency
2. Demonstrative evidence (a limp)
3. Physical (hair, etc)

Question 17

Admission by a party opponent?

Answer 17

Not-hearsay. If one of the parties is the person making the statement

Question 18

Vicarious admission?

Answer 18

Not hearsay. Any employee of an employer that makes a statement while in the course of doing their job.

Question 19

Adoptive admission.

Answer 19

Not hearsay. If you dont respond when a reasonable person would, whatever is denied is admitted.

Question 20

co-conspirator?

Answer 20

Not hearsay when a co-conspirator says something

Question 21

Prior consistant statements?

Answer 21

statements made earlier by declarant that is the same as the current testimony is not hearsay

Question 22

Prior sworn inconsistant statement

Answer 22

Not hearsay if:

1. made under oath
2. said something that is now in testimony
3. said something completely different earlier under oath

Question 23

Prior ID

Answer 23

Declarant presently testifying about something they saw previously is not hearsay

Question 24

When can a prior inconsistent statement be used both to impeach and as substantiative evidence?

Answer 24

1, When it is under oath at a prior formal hearing, proceeding, trial, or deposition

2. when they are from an opposing party