SYCR: Hearsay

Question 1

Verbal acts or legally operative facts are/aren’t HS

Answer 1

Are not

Question 2

OOCS offered to show effect on the person who heard it is/isn’t HS

Answer 2

Isn’t

Question 3

OOCS offered as circumstantial evidence of state of mind is/isn’t HS

Answer 3

Isn’t

Question 4

What are three prior statements of a witness which are NOT HS despite being offered for their truth?

Answer 4

PIS given under oath at a legal proceeding

PCS to rebut a charge of recent fabrication or improper motive or influence

Prior statement of ID made by a witness (testifying witness)

Question 5

For a party’s statement to come in for TMA, it must be offered by whom?

Exception or exempt?

Answer 5

Opposing party

Exempt

Question 6

When can a statement by a party’s agent or servant come in as an admission? (2)

Answer 6

Concerning a matter within the scope of employment AND

Made during the existence of the relationship

Question 7

For former testimony to come in for TMA, what two requirements?

Answer 7

Declarant is unavailable

The party against whom it is being offered had a meaningful opportunity to cross examine at the former proceeding

Question 8

what if a declarant is at court, but refuses to testify? Does that count as being unavailable?

Answer 8

Yes

Question 9

What are the three requirements for a Statement Against Interests to come in for TMA?

Answer 9

Unavailability

Statement was against that person’s pecuniary, proprietary, or penal interest when the statement was made.

Declarant had personal knowldge

Question 10

For a Dying Declaration to come in for TMA, what must be true of the declarant?

Answer 10

Unavailable (not necessarily dead)

Question 11

Dying Declarations are only admissible in which two types of cases (broad)?

Answer 11

Homicide

Civil

Question 12

Does a spontaneous statement require unavailability?

Answer 12

No

Question 13

A declaration of existing intent to do something is admissible to infer that . . .

Answer 13

The intended future act was done.

Question 14

Three requirements for an excited utterance?

Answer 14

Statement relating to a startling event or condition

Made while under the excitement caused by that event or condition

Concerning that event or condition

Question 15

In what two ways does a present sense impression differ from an excited utterance?

Answer 15

No startling event needed.

No time lapse allowed–must be contemporaneous

Question 16

A W’s declaration of present pain, suffering, or physical condition can repeated by whom?

Answer 16

Anyone who hears it.

Question 17

For a declaration of PAST physical condition to come in, what two requirements?

Answer 17

Statement made to medical personnel

Pertinent to either diagnosis or treatment (even if for the purpose of giving testimony)

Question 18

When a HS statement has been admitted and the declarant is unavailable, can his credibility be attacked? If no, why? If so, by what means?

Answer 18

Yes

BY any means the party would be able to use if D had testified live.

Question 19

Five Requirements for a business record to come in?

Answer 19

Record of regularly conducted activity

Made at or near the time

by, or from info transmitted by, someone with knowledge

Kept in the regular course of business

It was the regular course of that business to make the record.

Question 20

For a business record to come in, the record itself must be _____ to the business

Answer 20

Germane

Question 21

For business records, ask whether the record creator could do what?

Answer 21

Testify in court if available