Witnesses Credibility of Character is a Propensity for Hearsay Exception

Question 1

Witness

Answer 1

Witness Expert Dead

(1) Witness = 1st hand personal knowledge, helpful and rationally related opinion and inferences
(2) Expert = helpful = beyond understanding + based on education, training, experience; Qualified Frye rule/hearing = established accepted basis for opinion
(3) Dead man’s = party suing deceased, but not other witnesses, documents

Question 2

Credibility

Answer 2

Credibility Crimes Statement

(1) Credibility = limited purpose = truthfulness; personal bias, sensory, reputation + specific on cross, != religious, credibility of credibility witness
(2) Prior crimes = cross = fraud/dishonesty != misdemeanor, else discretion
(3) Prior inconsistent Statements != hearsay = full entry if under oath

Question 3

Character

Answer 3

Character Criminal Victim

(1) civil Character = rare element = reputation + specific != personal opinion
(2) Criminal character = good character = reputation + opens specific on cross
(3) Victim’s character = self defense = aggressive reputation + specific peace/reputation on cross

Question 4

Propensity

Answer 4

Propensity Motivation Accident

(1) Propensity != ok = only current violation
(2) Motivation = limited purpose of flight, common scheme/plan, domestic violence accident != remedial, settlement, insurance, similar oral Ks
(3) Habit = ok = to show compliance with a particular habit on occasion

Question 5

Hearsay

Answer 5

Hearsay Admission Independent

(1) Hearsay = out of court statement of fact now recounted in court to prove that same fact
(2) Admissions = by part opponent != hearsay; speaking agent = only a person authorized by nature of job can speak about non-person party
(3) Independent legal significance = will, contract; Evidence of notice != hearsay b/c not proving fact therein

Question 6

Exceptions

Answer 6

Exceptions Excited Refreshing

(1) Exceptions = bus record qualified by custodian/supervisor kept in the ordinary course of business; public record compiled by gov for public benefit; Learned treatises = relied on and recited in court by expert
(2) Excited utterance = present sense + more time; state of mind; statement to at least paramedic for treatement/diagnosis
(3) Refreshing memory = with document, but opposing can review and inter into evidence = waiver