Midterm

Question 1

Instances in which 3 isn’t same as 4

Answer 1

1) Prove statements impact on listener (JAMES)
2) Legal right or duty (I accept, I do)
3) Impeach later testimony
4) Words for something other than they assert (WRIGHT)
5) Assertions of circumstantial proof of knowledge
6) non-assertive words (involuntary expressions

Question 2

Rule Against Hearsay

Answer 2

802

Question 3

Prior Inconsistent Statements

Answer 3

801(d)(1)(A)

Question 4

Prior Consistent Statements

Answer 4

801(d)(1)(B)

Question 5

Prior Statements of Identification

Answer 5

801(d)(1)(C)

Question 6

Opponent’s Own Statements

Answer 6

801(d)(2)(A)

Question 7

Adopted Statements

Answer 7

801(d)(2)(B)

Question 8

Statement by Spokesperson

Answer 8

801(d)(2)(C)

Question 9

Statement by Agent/Employee

Answer 9

801(d)(2)(D)

Question 10

Statement by Co-Conspirator

Answer 10

801(d)(2)(E)

Question 11

Unavailable Former Testimony

Answer 11

804(b)(1)

Question 12

Dying Declaration

Answer 12

804(b)(2)

Question 13

Statements against interest

Answer 13

804(b)(3)

Question 14

Family history

Answer 14

804(b)(4)

Question 15

Forfeiture by Wrongdoing

Answer 15

804(b)(6)

Question 16

Residual Exceptions

Answer 16

807

Question 17

804(a)

Answer 17

1) Privilege 2) Refusal to testify 3) memory failure 4) death or infirmity 5) b1/b6 unable to procure declarant attendance // b2, b3, b4 unable to procure attendance OR testimony

Question 18

Present sense impression

Answer 18

803(1)

Question 19

Excited utterance

Answer 19

803(2)

Question 20

Then-existing mental, emotional, physical condition

Answer 20

803(3)

Question 21

Statement made for medical diagnosis/treatment

Answer 21

803(4)

Question 22

Recorded recollections

Answer 22

803(5)

Question 23

Business Records

Answer 23

803(6-7)

Question 24

Public Records

Answer 24

803(8-10)