Hearsay Flashcards
Is Hearsay Admissible?
Hearsay is generally inadmissible, unless it fits into an exception
For hearsay, when are you not trying to prove the truth of the matter?
- Verbal acts that show motive or notice
- or words of offer, acceptance, contract formation or defamation
For Hearsay, what is present sense impression?
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.
For hearsay, what is excited utterance?
An exception that covers statements made while one is excited. Usually ends in an exclamation point.
For hearsay, what is then existing mental, emotional, and physical state of mind?
A hearsay exception that occurs what someone was feeling at time it was made
For hearsay, what is the business record exception?
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.
For hearsay, are medical statements exempted?
Yes, so long as it is related to the medical diagnosis, symptoms, and or treatment.
Recorded Recollection?
- Statement where a witness once knew about the info but cant remember some stuff about it
- Some document usually made by the witness in the past
- Can show witness document for him to authenticate it and he can actually read it into evidence
hearsay public policy exception?
Done by public office, showing the activities of the employee in the course of observing some fact.
Think POLICE REPORT
Ancient Document exception?
Over 20 years old and no reason to doubt authenticity
Catch all exception hearsay?
Any other statement which is trust worthy and the interest of justice would be fulfilled if it was brought in
Dying declaration exception?
- declarant needs be unavailable
- Statement made while believed they were dying
- has to be about why they think they’re dying
available in homicide and civil cases
Statement against interest exception?
- statement declarant made that makes them look guilty, it is against their own interest
- made by a non-party
Unavailability of witness testimony
Party against whom former testimony is being offered myst have
- been a party of the first case
- former case is same subject matter as current case
- Former testimony was under oath
- AND had opportunity to examine witness
Right to conform witness?
Generally, d is afforded right to confront their accuser
When is a statement not testimonial?
- Any statement made to help the police during emergency
- Demonstrative evidence (a limp)
- Physical (hair, etc)
Admission by a party opponent?
Not-hearsay. If one of the parties is the person making the statement
Vicarious admission?
Not hearsay. Any employee of an employer that makes a statement while in the course of doing their job.
Adoptive admission.
Not hearsay. If you dont respond when a reasonable person would, whatever is denied is admitted.
co-conspirator?
Not hearsay when a co-conspirator says something
Prior consistant statements?
statements made earlier by declarant that is the same as the current testimony is not hearsay
Prior sworn inconsistant statement
Not hearsay if:
- made under oath
- said something that is now in testimony
- said something completely different earlier under oath
Prior ID
Declarant presently testifying about something they saw previously is not hearsay
When can a prior inconsistent statement be used both to impeach and as substantiative evidence?
1, When it is under oath at a prior formal hearing, proceeding, trial, or deposition
- when they are from an opposing party
