Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Evidence > Hearsay > Flashcards

Hearsay Flashcards

1
Q

Definition

A
  • Definition
    • out of court statement offered to prove the truth of matter asserted
  • Declarant
    • must be a person
  • Statement
    • oral, written, or assertive nonverbal conduct
  • Offered to Prove the Truth of the Matter Asserted
    • if offered to prove something other than truth of the matter asserted (legally operative facts, effect on recipient, state of mind, and impeachment) then not hearsay
  • Multiple Hearsay
    • hearsa within hearsay may be admissible as long as each part of combined statement conforms to hearsay exception
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Non-Hearsay - Witness Prior Statements

A
  • Rule
    • a witness must testify at present trial for their prior statements to be admissible
    • declarant must be testifying at trial and the declarant must be subject to cross exam
  • Prior Inconsistent Statement
    • previously made under pentalty of perjury admissible to impeach declarant’s credibility and as substantive evidence
  • Prior consistent Statement
    • admissible to rebut express/implied charge that declarant recently fabricated it or acted with improper motive
    • must be made before declarant had reason to fabricate
  • Prior Statement of Identification
    • previous out of court ID after perceiving that person is admissible as substantive evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Non-Hearsay - Opposing Party’s Statement

A
  • Rule
    • made by party to current litigation is admissible without personal knowledge and can be in form of an opinion
  • Judicial Admission
    • admission made during pleading, discovery process, or procedding is conclusive evidence
  • Adoptive Admission
    • statement of another person that party expressly/impliedly adopts as his own
    • silence adoptive if party heard and understood it, had opportunity to reject it, and a person similarly situated would customarily have denied the statement
  • Vicarious Statement
    • statement made by one person imputed to another based upon relationship (employee/agent, authorized speaker, co-conspirator)
    • so long as within scope of employement and during the course of the relationship
    • furtherance of the conspiracy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Hearsay Exception - Dec - Unavail

A

excempt on the grounds of privilege

refues to testify, despite a court order

lacks knowledge of the subject matter of the statement

unable to testify due to death, infirmity, physical or mental condition

absent and cannot be subpoenaed or therwise made to appear

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Hearsay Exception - Dec - Former Testimony

A

Former testimony given as witness is not hearsay if party against whom testimony is offered had an opportunity and similar motive to develop the testimony

and declarant is unavailable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Hearsay Exception - Dec - Dying Dec

A
  • Rule
    • declarant believes that death is imminent and statement pertains to cuase/cicumstance of her death
    • and declarant is unavailable.
  • Notes
    • Declarant need not actually die
    • applies only in homicide prosecutions and civil cases
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Hearsay Exception - Dec - Statements Against Interest

A
  • Rule - is admissible if
    • if it was against declarant’s proprietary/pecuniary interest at time made and
    • reasonable person would not have made statement unless it was true.
    • and declarant is unavailable.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Hearsay Exception - Dec - Statement of Persona/Family History

A
  • Rule - admissible if
    • birth, adoption, marriage, divorce, or other similar fact of personal or family history
    • and declarant is unavailable.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Hearsay Exception - Dec - Statement Against Party that Cause Declarant’s Unavailability

A
  • Rule - admissible if
    • statement offered agianst party that wrongfully caused declarant’s unavailability
    • and declarant is unavailable.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Hearsay Exc. - Avail Imm. - Present Sense Impress.

A
  • Rule
    • statement explaining or describing event/condition made while or immediately after declarant perceived it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Hearsay Exc. - Declarant Avail Imm. - Present Sense Impression

A
  • Rule
    • statement explaining or describing event/condition made while or immediately after declarant perceived it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Hearsay Exc. - Declarant Avail Imm. - Excited Utterance

A
  • Rule
    • statement about startling event/condition while declarant is under stress of excitement that it caused
  • Note
    • statement must relate to the event
    • just look for something that says witness is still under effect of witnessing the event; this is what extends period in which hearsay is admissible
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Hearsay Exc. - Declarant Avail Imm. - Mental/Emotional/Physical Condition

A
  • Rule
    • statement of then-existing
      • state of mind (present intent, motive, or plan) or
      • emotional
      • sensory or
      • physical condition (mental feeling, pain or bodily health)
  • Notes
    • Physical condition - cannot be used to prove the cause of the condition but merely that it existed; must bifrucate
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Hearsay Exc. - Declarant Avail Imm. - Statement Made for Medical Diagnosis/Treatment

A
  • Rule
    • describing medical history or past/present symptoms
    • made for purpose of medical diagnosis or treatment
  • Note
    • can be made to physicans, other medical personnel, or even family members
    • need not necessarily be made by the patient so long as made for medical diagnosis or treatment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Hearsay Exc. - Declarant Avail Imm. - Recorded Recollection

A
  • Rule
    • witness once know matter,
    • made when matter was fresh in witness’ memory
    • accurately reflects witness’ knowlege and
    • witnss states that he cannot recall even after consulting record on the stand
      *
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Hearsay Exc. - Declarant Avail Imm. - Business Records

A
  • Rule
    • record must be kept in course of regularly conducted business activity
    • making of record was regular practice
    • and record was made at or near the time by someone with knowledge
17
Q

Hearsay Exc. - Declarant Avail Imm. - Public Records

A
  • Rule
    • statement of public office/agency that sets out activites of ofifice
    • observation of person nder duty to report (but not police in criminal case)
    • or factual findings of legal ivestigation
18
Q

Hearsay Exc. - Declarant Avail Imm. - Learned Treatises

A
  • Rule
    • statement in treatise
    • periodical or pamphlet
    • and expert witness relied on statement during direct/cross
    • publication is reliable authority
      *
19
Q

Hearsay Exc. - Declarant Avail Imm. - Judgment of Previous Conviction

A
  • Rule
    • final judgement must be entered after trial or guilty plea
    • conviction was for crime punishable by death or imprisonment for > 1 year
    • evidence offered to prove any fact essential to sustain judgment

Evidence (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions