Evidence Flashcards
Hearsay Exceptions: Availability Immaterial
Present sense impression
Excited utterance
Then-existing state of mind
Past recollection recorded
For the purpose of medical diagnosis or treatment
Hearsay Exceptions: Unavailable Declarant
Dying declaration
Statement against interest
Statements of personal or family history
Forfeiture by misconduct
Former testimony
Nonhearsay
Opposing party statement (including vicarious statements)
Prior inconsistent statement
Prior consistent statement
Prior statement of ID
Effect on the listener
Legally operative facts (only offered to prove the statement was made)
Circumstantial E of then-existing state of mind, to show knowledge
Best evidence rule applies
Only when the contents of the doc are at issue: (a) doc is used as proof of an event, (b) doc has legal significance (K or will) (c) witness is testifying about facts only learned from the document
Compliance with best evidence rule
Duplicates, unless genuine authenticity issue or in fairness the original should be required; public records; opposing party admission
Compliance with best evidence rule
Duplicates, unless genuine authenticity issue or in fairness the original should be required; public records; opposing party admission; public records
In what actions can dying declarations be used?
Civil actions and homicide, but NOT attempted murder.
How are learned treatises used for expert witnesses
Impeachment and READ as substantive evidence, but the treatise itself may not be admitted.
Voluntary dismissal without leave of court
Once, prior to D’s answer or a motion for SJ
Voice Authentication
Personal knowledge of the speaker
Secondary Evidence Rule
California’s version of the best evidence rule
Can a trier of fact authenticate a letter with another writing that has been authenticated which contains the defendant’s signature?
Yes, or an expert witness may do so
Does the Eighth Amendment ban excessive fines?
Yes
When is the following non hearsay: a witness’s prior statement that identifies a person that the witness perceived earlier?
When the witness testifies and is subject to cross examination about the statement
When can specific instances of conduct be used to prove good character of criminal D?
When the character trait is an essential element of the charged crime or defense.
