Non-Hearsay Flashcards
Admissions
- by party to the case
- statement that would make you look responsible
- person can be available
Adoptive Admissions
silence when a reasonable person would object
Vicarious Admissions
admissions by employees will be admissible against employers
Prior Sworn Inconsistent Statement
a. Under oath, subject to cross examination
b. Bringing in to impeach
c. NOT hearsay – admitted as “substantive evidence”
d. When statement was made under oath, correct answer will be: admissible to impeach AND as substantive evidence
Prior Consistent Statement
if the reason being brought in is to refute or deny that you lied/fabricated a statement
Attorney-Client Privilege
a. Attorney—client relationship – anyone working on behalf of lawyer on your case counts
b. Actual conversation needs to be confidential in nature
c. Privilege lasts forever
d. Not privileged: convos not related to your representation (i.e. about fees) OR seeking advice on committing future crimes
Husband/Wife - Communication Privilege
- Applies to any type of case, civil or criminal
- Asking 1 spouse to disclose confidential COMMUNICATIONS between spouses
- Either spouse can stop the other – mutual
- “tell you” “discussed”
- Survives divorce
Husband/Wife - Testimonial Privilege
- criminal cases only
- must be married at time of trial
- witness spouse can unilaterally decide whether or not they want to testify as to what they know, believe, saw, think, etc.
Doctor-Patient
a. Covers communications made for purpose of medical treatment
b. Other people can be around and still private if they are there for interest of patient or helping with treatment
