TEST 3 Flashcards
Who acts as gatekeeper on expert testimony?
Trial Judge
What rule allows experts to certify documents as learned treatise?
803
T/F: according to 705, experts can give opinion and reason for that opinion without testifying as to underlying facts
TRUE
How does the 6th amend, impact admissibility of hearsay?
Right to confront accusers aka the right to cross examine
What are the 3 Questions for confrontation clause litigation?
- Is the statement testimonial?
- Is the declarant available for confrontation?
- If they are not available, can the prosecution prove both that the declarant is unavailable and that the def had a chance to previously confront the declarant?
T/F: Def’s own statements are considered testimony and therefore must be made available for def for confrontation
FALSE
T/F: Courts bar experts from testifying explicitly to a particular mind set during the particular crime
TRUE
T/F: Due to excitement of an event, hearsay is not admissible if declarant makes statement while perceiving that event
FALSE
T/F: Rule 803(2) sates that hearsay is admissible if declarant is excited by that event
TRUE
T/F: Rule 803(3) allows declarant’s out-of-court statements about their state of mind or physical condition (sorry question is worded weird)
TRUE
T/F: recorded recollections are admissible hearsay if the devlarant is the one that made the recorded statement (talking about out-of-court statements)
TRUE
What does rule 805 allow for?
Hearsay within hearsay aka Double Hearsay
What makes business records admissible hearsay (know 2)
- Records are a part of normal business activity
- Recorded by a person with personal knowledge of the facts
- Regular practice of keeping records
- Records are introduced by a qualified witness (records custodian)
What does 803(8) admit?
Public records
What are 3 categories of admissible public records?
- Routine observation of public office
- Normal activities of public office
- Results of public investigation
Rule 804b(1) allows what?
admissibility of former testimony
What makes witnesses former testimony admissible?
- testimony was given at trial (under oath)
- opposing party (or predecessor in interest) had opportunity to confront the witness testimony
- Opposing party or predecessor in interest had opportunity and similar motive to develop testimony
What is a dying declaration? Is it admissible? If so, under what rule?
A dying declaration is a statement made when the declarant believes death to be imminent. It is admissible under rule 804b(2)
If someone recovers after making a dying statement, is that statement still admissible?
yes
What does 804b(3) allow for?
Statements made against one’s own interest
What does 801d(2e) admit?
Conspirators’ out-of-court statements about/against co-conspirators
Article 1
Gives legislative powers to a congress of the united states split into a House of representatives and a senate
Article 2
Executive powers are given to the president of the US
Article 3
Judicial powers are given to the supreme court of the united states
Amendment I
Freedom of speech Freedom of religion Freedom of press Right to assemble Right to petition the government
Amendment II
Right of the people to keep and bear arms
Amendment III
No soldiers can be quartered in a home during times of peace without the permission of the home owner
Amendment IV
Protection of persons papers houses and effects against unreasonable searches and seizures by the government
Warrants shall be issued upon probable cause, supported by oath of affirmation, describing with particularity the places to be searched and the people or things to be seized
Amendment V
Right to not answer to a capital crime without indictment or presentment of a grand jury
Right against self incrimination
Right to due process
Right against double jeopardy
Government cannot seize property without just compensation
Amendment VI
Right to counsel Right to confront witnesses Right to have witnesses in your favor Right to speedy and public trial by jury Right to notice of the charges against you
Amendment VII
Right to jury trial in federal court where the value of the civil controversy exceeds $20
Amendment VIII
Right against excessive fines
Right against excessive bail
Right against cruel and unusual punishment
Amendment IX
The rights of the people are not limited to those specifically listed in the constitution
Amendment X
Any right not mentioned in the constitution becomes a matter for the state to decide
