Hearsay

Question 1

Opposing party statements

Answer 1

any statement made by a party and offered against that party is not hearsay. Must make a preliminary determination of the relationship between the parties in vicarious statments.

Question 2

agents and employees

Answer 2

a statement by an agent or employee is admissible against the principal if the statement
1) concerned any matter within the scope of her agency or employment and 2) was made during the existence of the agency or employment relationship

Question 3

partners

Answer 3

after a partnership is shown to exist, a statement of one partner relating to matters within the scope of the partnership business is binding upon her co-partners.

Question 4

Co-Conspirators

Answer 4

statements of one conspirator made to a third party in furtherance of a conspiracy or commit a crime or civil wrong at a time when the declerant was participating in the conspiracy, are admissible against co-conspirators.

Question 5

unavailability

Answer 5

a declerant is unavailable if he

1. is exempt from testifying because of a privilege
2. refuses to testify
3. testifies that he does not remember
4. dead or physical or mental illness
5. beyond the court’s reach.

Question 6

unavailable required

Answer 6

1. former testimony
2. dying dec
3. statement against interest
4. statement of personal or family history
5. statement offered against party procuring decelerator’s unavailability

Question 7

Former testimony

Answer 7

elements

1. testimony was given under oath at a trial, hearing, or deposition in the same case or in a different case
2. the party against whom the testimony is now being offered (or in a civil case) the party’s predessesor in interest had an opportunity and similar motive to develop the declerants testimony at the prior proceeding (party in former action)

Question 8

grand jury testimony

Answer 8

not admissible as former testimony but is admissible as evidence for impeachment and substantive under prior inconsistent statement.

Question 9

statements against interest

Answer 9

statement by a person, who is now unavailable may be admissible if it was against that person’s pecuniary, proprietary, or penal interest when made, such that a reasonable person in the declarant’s position would have made it only if she believed it to be true. need not be a party.

Question 10

dying declarations

Answer 10

In a homicide prosecution or in any civil action, a statement made by a now-unavailable declarant is admissible if:

1. the decelerate believed his death was imminent and
2. the statement concerned the cause r circumstances of what he believed to be his impending death. based on perceptions and firsthand knowledge

Question 11

statement of personal or family history

Answer 11

statement of person or family history made by a family member or one intimately associated by the family

Question 12

Staetment offered against party procuring defendant’s unavailability

Answer 12

statement of unavailable declerant offered against party who intentionally procured declarant’s unavailability.

Question 13

Hearsay exceptions availability immaterial

Answer 13

excited utterance
present state impression
present state of mind
present physical condition
statement for medical diagnosis or treatment
recorded recollection
business records of absence of them
public records or reports
records of vital stats
judgment of prior convictions
ancient documents
documents affecting property interest
learned treatis
reputation
family records
market records

Question 14

excited utterance

Answer 14

an out of court statement relating to a startling event, made while under the stress of the excitement of the event.

Question 15

present state impression

Answer 15

a statement that describes or explains an event or condition, and is made while or immediately after the declarant perceives the event or condition.

Question 16

present state of mind

Answer 16

a statement of the declarant’s then existing state of mind (e.g., motive, intent, or plan) or emotional, sensory, or physical condition is admissible. it is usually offered to establish a person’s intent or as circumstantial evidence that the intent was carried out. statement of memory or belief is not admissible to prove the truth of the fact remembered or believed.

Question 17

present physical condition

Answer 17

a spontaneous decleration of a declerants own present bodily condition is admissible as an exception to he hearsay rule regardless of whether it was made for the purpose of diagnosis or treatment

Question 18

statements made for diagnosis or treatment - includes past conditions

Answer 18

a statement that described a person’s medical history, past, or present symptoms, or their inception or general cause is admissible as an exception to the hearsay rule if it was made for and was reasonably pertinent to medical diagnosis or treatment.

Question 19

recorded recollection

Answer 19

record by witness who cannot now remember the facts, made while the facts were fresh in her mind.

Question 20

business records

Answer 20

record made in the regular course of business, consisting of matters within the personal knowledge of one with a business duty to transmit. Lack of such record may be used to show nonoccurence of the event.

Question 21

Public Records and Reports or Absence thereof; records of vital stats

Answer 21

Records and reports of public agencies regarding their activities, and records of births, deaths, marriages, etc. Absence of public record is admissible to show nonexistence of matter.

Question 22

Judgments

Answer 22

A copy of a judgment of a prior felony conviction is admissible to prove any fact essential to the judgment. In a criminal case, it may be used for this purpose only against the accused.

Question 23

Ancient documents

Answer 23

statements authenticated documents prepared before January 1, 1998

Question 24

Documents affecting property interests

Answer 24

statements in a document affecting an interest in property such as a deed or a will

Question 25

Learned treatise

Answer 25

Statements from authoritative works admitted if called to attention of expert witness and established as reliable authority.

Question 26

reputation

Answer 26

reputation evidence concerning a person’s character, a person’s personal or family history, land boundaries, or a community’s general history

Question 27

Family records

Answer 27

statements of fact found in family Bibles, jewelry engravings, tombstones, etc.

Question 28

Market Records

Answer 28

market reports and public compilations generally relied on by the public or persons of a particular occupation

Question 29

When a statement is not hearsay

Answer 29

verbal acts and legally operative facts words of k or defamation
statements offered to show affect on the listener or reader (notice or knowledge)
circumstantial evidence or declerant’s state of mind (evidence of insanity or knowledge)

Question 30

Confrontation clause

Answer 30

a hearsay statement will not be admitted even if it falls within a hearsay exception if 1. is offered against the accused in criminal case; 2. the declerant is unavailable, 3. the statement was tetimonial in nature, 4. the accused had no opportunity to cross-examine the the declerant’s testimonial statement prior to trial. right is forfeited if he commits a wrongful act to keep witness from testifying

Question 31

what is testimonial

Answer 31

in response to police interrogation to establish or prove events for later prosecution, affidavits, certificates, or other written reports that summarize the findings of forensic analysis and have the effect of accusing a targeted individual of criminal conduct.