Evidence

Question 1

Definition of Hearsay

Answer 1

An out-of-court statement by a declarant offered to prove the truth of the matter asserted.

Question 2

Who can be a declarant (hearsay)?

Answer 2

Only a person

Question 3

What can be a statement (hearsay)?

Answer 3

Oral, written, or nonverbal communication intended as an assertion

Question 4

Not Hearsay to show

Answer 4

(1) Legally operative facts
(2) Effect of recipient
(3) State of mind
(4) Identification if not for the truth of the matter
(5) Impeachment and Rehabilitation

Question 5

What is Hearsay within Hearsay

Answer 5

Double level each needs an exception

Question 6

Not Hearsay 801(d)

Answer 6

(1) Prior inconsistent statements made. If made in a prior proceeding may also be substantive evidence
(2) Prior consistent statements to a. rehab a witness or b., demonstrate credibility where they were made before the motive arose to lie
(3) Prior Identification, only if the witness is now testifying

Question 7

What is required for relevance?

Answer 7

Evidence is relevant if it has a tendency to make a fact more or less probable and that fact is of consequence in the action.

Question 8

What is the test for relative value?

Answer 8

Relevant evidence is admissible unless its probative value is substantially outweighed by the risk of unfair prejudice.

Question 9

Elements for Dying Dec?

Answer 9

1. Declarant believes death is imminent
2. Decalrant’s statement is about the cause of their imminent death
3. Declarant is unavailable
4. Statement used in homicide of civil case related

Question 10

When is authentication required?

Answer 10

When any tangible evidence is presented.

Question 11

What is required for authentication?

Answer 11

Must present sufficient evidence for the court to find the item is what it is claimed to be.

Question 12

What is the best evidence rule?

Answer 12

The best evidence rule requires the production of the original or a reliable duplicate when the contents of a document are at issue.

Applies to documents, recordings, and photos.

Question 13

What is the rule on statements against interest?

Answer 13

A statement against interest will be admitted if the person making the statement is unavailable and (1) the statement was against interest, and (2) would not be made by a reasonable person unless true.

Question 14

What’s the rule for effect on listener?

Answer 14

A statement offered to show the effect on the listener is not hearsay because it is not being offered for the truth of the matter asserted.

Question 15

What is the rule on subsequent remedial measures?

Answer 15

Evidence of subsequent remedial measures is not admissible to show proof of negligence.

It may be admissible for another purpose.

Question 16

When is a lay opinion admissible?

Answer 16

Opinions are generally inadmissible by lay witnesses.

They are admissible when:
(1) they are rationally based on the witness’s perception, (2) they are helpful to a clear understanding of the witness’s testimony, and (3) they are not based on scientific or specialized knowledge.

Question 17

When is expert witness testimony admissible?

Answer 17

When the court determines that the witness’s (1) scientific, technical, or specialized knowledge is reliable, and (2) will assist the trier of fact in understanding the evidence or determining a fact at issue.

Question 18

What must a witness have to testify?

Answer 18

Personal knowledge, unless they are an expert.

Question 19

What is the test for witness competency?

Answer 19

1. Personal Knowledge, understand the difference between the truth and a lie, give an oath

Question 20

When is a witness unavailable for hearsay purposes?

Answer 20

1. Exempt by privlagee
2. Refuses to testify
3. Lacks memory of the matter
4. unavailable due to death, health, or disability
5. absent and cannot be compelled

Question 21

What is the rule on Prop. 8?

Answer 21

Prop. 8 is part of the California Consitution and applies to all California criminal cases.

under Prop 8 all relevant evidence must not be excluded, however, there are exceptions for hearsay, prejudice, privilege, and due process.

Question 22

What are the requirements for a business record?

Answer 22

1. Made in the regular course of business
2. kept in the regular practice
3. made at or near the time of events
4. by a person with personal knowledge
5. who is under a duty to make such records.

Question 23

What are the requirements under the confrontation clause?

Answer 23

Under the six amendment, a defendant has a right to confront their accuser.