Hearsay traps Flashcards
What is hearsay?
A statement offered for its truth.
What is the fix for assuming everything out-of-court is hearsay?
Check if the statement is for another purpose, like effect on listener.
True or False: Effect on listener statements are considered hearsay.
False
What are legally operative words?
Words that create legal consequences, such as contracts and wills.
What type of statement is NOT hearsay because it has independent legal significance?
Verbal acts.
What distinguishes opposing party statements from statements against interest?
Opposing party statements are NEVER hearsay; statements against interest require the declarant to be unavailable.
Fill in the blank: Silence can be an admission if a reasonable person would have _______.
denied the statement.
When are employee statements NOT hearsay?
If made during employment and within the scope of their job.
What conditions must prior statements meet to avoid being hearsay?
Prior inconsistent statements, prior consistent statements, and prior identifications.
Differentiate between Present Sense Impression and Excited Utterance.
Present Sense Impression is made while perceiving an event; Excited Utterance is made under stress.
What must business records be to be admissible?
Regularly kept in the course of business.
True or False: Statements in public records are automatically admissible.
False
What is the recorded recollection rule?
A recorded recollection can be read into evidence if a witness forgets their statement.
What is the fix for misapplying the dying declaration rule?
It only applies in homicide or civil cases, and the declarant must believe they are dying.
What is required for ‘Statements Against Interest’ to be admissible?
The declarant must be unavailable.
What does prior testimony require to be admissible?
The opposing party must have had a prior opportunity to cross-examine the witness.
What happens if a party intentionally makes a witness unavailable?
They forfeit their hearsay objection.
What is double hearsay?
Hearsay within hearsay, requiring each layer to meet its own hearsay exception.
True or False: Co-conspirator statements are admissible if made after the crime.
False
What types of evidence are not considered hearsay?
Radar readings, printouts, clocks, and barking dogs.
What distinguishes hearsay from multiple witness testimony?
Multiple witnesses testifying about what they saw/heard themselves is NOT hearsay.
What does ‘Then-Existing State of Mind’ refer to?
Statements about the declarant’s CURRENT feelings or intent.
What is the rule regarding prior inconsistent statements?
They are substantive evidence only if made under oath.
Fill in the blank: A witness’s own hearsay statement must fit an _______ to be used against them.
exception.
What is the Best Answer Rule?
Pick the answer with the most specific legal rule.
