Non-hearsay (hearsay exemptions)

Question 1

legally operative facts

Answer 1

words have independent legal significance

ex: offer/acceptance; libel/slander; impersonating public official; transfer of gift; creating trust; transfer money/words of solicitation; false alarm; marriage vows

Question 2

prior inconsistent statements

Answer 2

Can be used for substance if…
1) declarant is testifying at trial and subject to cross

2) prior statement is inconsistent
- —-decided by judge
- —-feigning lack of memory -> inconsistent
- —-actual memory loss -> not inconsistent

3) prior statement given under oath at prior proceeding
- —-trial, hearing, deposition, but NOT interrogation

otherwise can be used for impeachment

Question 3

prior consistent statements

Answer 3

Can be used for substance if…
1) declarant is testifying at trial and subject to cross

2) statement is consistent
- —-decided by judge

3) statement is offered to:
- —-Rebut express or implied charge of recent fabrication, improper influence, improper motive (statement must be before motive to fabricate arose) OR
- —-Rehabilitate declarant’s credibility upon attack

Question 4

prior identification

Answer 4

Requirements

1) declarant testifying at trial and subject to cross
- ——declarant doesnt need to testify to ID, just someone that was there
2) prior statement was an ID- in court ID, lineup, accidental sighting, sketch, etc.
- ——does NOT need to be under oath
- ——no time limit
3) ID made after perceiving the person

Question 5

party admissions generally

Answer 5

1) declarant need not testify
2) can only be introduced against party who made statement UNLESS co-party is so closely associated that they can be deemed principals or accomplices

Types

• express party statements
• adoptive admissions
• agent statements
• statements in furtherance of a conspiracy

Question 6

express party statement

Answer 6

• offered against opposing party
• made by party: can be oral, written, silence

criminal confession = express party statement

Question 7

adoptive admissions

Answer 7

• offered against opposing party

- party appeared to adopt/accept statement as true

Question 8

agent statements

Answer 8

• offered against opposing party
• declarant was agent at the time of statement
• authorized to make the statement OR w/in subject/scope of agency/employment

Question 9

statements in furtherance of conspiracy

Answer 9

• statement made during course of the conspiracy (doesnt matter if party joined conspiracy late)
• statement made by party’s co-conspirator
• statement made in furtherance of conspiracy (ex: recruitment, boasting to gain confidence, etc.)