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Evidence > Relevance > Flashcards

Relevance Flashcards

1
Q

Hearsay Definition

A

Declarant;
Statement;
Out-of-court;
offered for the truth of the matter asserted

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2
Q

Reasons to Exclude Hearsay

A
  • Absence of Cross-examination
  • Absence of Demeanor Evidence
  • Absence of Oath
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3
Q

Hearsay Risks

A 
Four Hearsay Risks:
•	Risk of Misperception
•	Risk of Faulty Memory
•	Risk of Misstatement (“ambiguity”)
•	Risk of Insincerity
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4
Q

Nonhearsay Uses

A
  • Impeachment
  • Verbal Acts
  • Effect on Listener or Reader
  • Verbal Objects
  • Circumstantial Evidence of State of Mind
  • Circumstantial Evidence of Memory or Belief
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5
Q

801(d) Hearsay Exclusions

A
  • Prior Inconsistent Statements
  • Prior Consistent Statements
  • Prior Statements of ID
  • Admissions by a Party
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6
Q

Individual Admissions [FRE 801(d)(2)(A)]

A

o Statement made by party

o Statement offered against party

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7
Q

Adoptive Admissions [FRE 801(d)(2)(B)]

A

o Statement about which party manifests an adoption or belief
o Offered against the party

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8
Q

Admissions by Speaking Agents [FRE 801(d)(2)(C)]

A

o Statement made by a person authorized to speak on the party’s behalf
o Offered against party

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9
Q

Admission by Employee or Agent [FRE 801(d)(2)(D)]

A

o Statement by a party’s agent/employee
o Concerning a matter within the scope of employment
o made within existence of agency or employment (does not mean during business hours or on duty. Means while still employed)
o offered against the party

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10
Q

Admission by Coconspirator [FRE 801(d)(2)(E)]

A

o Existence of a conspiracy
o Declarant is a member of the conspiracy
o Defendant is a member of the conspiracy
o Statement made during conspiracy (pendency)
o Statement has to be in furtherance of the conspiracy (furtherance)
o Offered against a party

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11
Q

803 Major Hearsay Exceptions

A
  • Present Sense Impression
  • Excited Utterance
  • State of Mind
  • Statements for Medical Treatment
  • Past Recollection Recorded
  • Business Records
  • Public Records
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12
Q

PRESENT SENSE IMPRESISON [FRE 803(1)]

A
  • Statement describing or explaining event or condition

* Made while declarant perceiving event or condition OR immediately thereafter

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13
Q

EXCITED UTTERANCE [FRE 803(2)]

A
  • Statement relating to startling event or condition

* Made while declarant under stress of excitement of event or condition

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14
Q

STATE OF MIND [FRE 803(3)]

A 
Statement regarding:
•  Then-existing Physical Condition; OR
•  Then-existing mental condition; OR
•  Subsequent Conduct; OR
•  Fact about a will
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15
Q

STATEMENTS FOR MEDICAL TREATMENT [FRE 803(4)]

A

• Statement made for purposes of medical diagnosis/treatment; and
o Statement describes medical history; or
o Statement describes past or present symptoms or sensations; or
o statement describes the inception or general character or cause; and
• Statement reasonably pertinent to diagnosis or treatment

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16
Q

PAST RECOLLECTION RECORDED [FRE 803(5)]

A
  • Memorandum or record; AND
  • Concerning matter about which witness once had knowledge; AND
  • Now knowledge is insufficient to testify fully & accurately; AND
  • Statement made or adopted by witness; AND
  • Made while fresh in witness’s memory; AND
  • Accurately reflects once-fresh knowledge
17
Q

BUSINESS RECORDS [FRE 803(6)]

A
  • A record of business in any form
  • Record contains acts, events, conditions, opinions, diagnoses
  • Record made at or near time by, or from information transmitted by, person with knowledge
  • Made in the ordinary course of business
  • Kept in the ordinary course of business
  • Foundation laid by custodian or other qualified person
18
Q

PUBLIC RECORDS [FRE 803(8)]

A

• Records of a public office setting forth
o Activities of the office, or
o Matters observed and reported pursuant duty, excluding reports by law enforcement personnel in criminal cases, or
o Factual findings from investigations pursuant to legal authority, except against criminal defendants

19
Q

Criteria for Unavailability [FRE 804(a)]

A

• Declarant claims a privilege
• Declarant refuses to testify
• Declarant testifies to not remembering the subject matter
• Declarant dead or infirm
• Declarant is unavoidably absent
*Statement is available if proponents actions are keeping witness from testifying

20
Q

FORMER TESTIMONY [FRE 804(b)(1)]

A
  • Declarant Unavailable (as a Witness)
  • Testimony given at a trial, hearing, or deposition in same or different case
  • Offered against party who had similar motive and opportunity to examine declarant in prior proceeding

If in a civil case, predecessor in interest had similar motive and opportunity
***Leaves out Grand Jury testimony. Does not qualify as opportunity to cross-examine because it is only prosecution, grand jury, and the witness

21
Q

DYING DECLARATIONS [FRE 804(b)(2)]

A
  • Declarant unavailable
  • In homicide case or civil action
  • Declarant makes statement while believing death imminent
  • Statement concerns cause or circumstances surrounding death
22
Q

DECLARATIONS AGAINST INTEREST [FRE 804(b)(3)]

A

Declarations made against declarant’s interest, declarant unavailable.

23
Q

STATEMENTS OF PERSONAL OR FAMILY HISTORY [FRE 804(b)(4)]

A

These Statements can be either
•Proclamations by the declarant describing the declarant’s familial pedigree, or
o For statements by a declarant about that declarant, other proof of relationship is probably not required. For statements made by declarant offered to prove facts about the declarant are made the court doesn’t require personal knowledge. This exception rests on the assumption that the speaker has adequate information.
• Proclamations by the declarant describing something about a person which she is closely related to.
o When it comes to statements about others, courts may require additional information proving the declarants strong relation to the family.

24
Q

FORFEITURE BY WRONGDOING [FRE 804(b)(6)]

A
  • Declarant unavailable
  • Statement by declarant offered against party
  • Party wrongfully caused or acquiesced in causing declarant’s unavailability
  • Party specifically intended to make testimony unavailable.
25
Q

Hearsay Within Hearsay [FRE 805]

A

Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.

26
Q

Catchall Exception [FRE 807]

A
  • Circumstantial guarantees of trustworthiness equivalent to other exceptions (Reliable)
  • Offered as evidence of material fact

Evidence (10 decks)

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