Evidence

Question 1

When will an out of court statement by an unavailable witness not be considered hearsay?

Answer 1

If the statement is:

• The former testimony of the declarant
• A statement against interest
• A dying declaration
• A statement of personal/family history
• A statement offered against a party responsible for the declarant’s unavailability

Question 2

When will a prior statement of a witness identifying a person she perceived earlier not be considered hearsay?

Answer 2

If the witness is subject to cross-examination at trial.

(in which case it will not be an out of court statement because it will be a statement made by the witness in the courtroom, which by definition is not hearsay).

Question 3

How can a hearsay declarant who is in the courtroom and testifying escape the general prohibition on hearsay?

Answer 3

The declarant witness must either:

• Fit a hearsay exception/exclusion, or
• Make the same declaration in the court room
  (which then by definition will not be considered hearsay).

Question 4

When analyzing the admissibility of a subsequent remedial measure, what is the standard applied to whether a measure taken by a defendant is admissible?

Answer 4

Subsequent remedial measures ARE admissible if they are helpful to establish (cf. prove) an issue that has been disputed:
* Lack of witnesses credibility [impeachment]
* Ownership
* Control
* Feasability of repairs

Question 5

What are the details of Spousal Immunity

Answer 5

• Case type: Criminal
• Held by: Testifying spouse
• Scope: Information gained prior to marriage; Information gained during marriage

Question 6

What are the details of Confidential Marital Communications

Answer 6

• Case type: Criminal; Civil
• Held by: Both spouses
• Scope: (1) Commnications during marriage that were (2) Intended to be confidential

Question 7

When is an offer to compromise/settle a claim inadmissible?

Answer 7

Offers to compromise/settle a claim are inadmissible if they are:
(1) Made after a claim has been filed/threatened [i.e. the claim is disputed], and
(2) Are offered to:
(a) Prove the validity of the claim,
(b) Prove the amount of the claim, or
(c) Impeach the declarant on the basis of contradiction.