evidence Flashcards
(25 cards)
What is hearsay?
A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
Why is it important to determine if a statement is hearsay?
Hearsay is not admissible unless it comes within an exception.
What is an excited utterance?
A statement relating to a startling event or condition made while the declarant was under the stress or excitement that it caused.
What is a present sense impression?
A statement describing or explaining an event or condition made while or immediately after the declarant perceived it
Imagine a witness watching a car accident occur. While the accident is happening, the witness shouts, “Look out! The car is going to hit that pedestrian!” This statement would likely be considered a present sense impression because it’s made while the witness is perceiving the event
What is a statement for the purpose of medical treatment or diagnosis?
Statements made for and reasonably pertinent to medical diagnosis or treatment that describe medical history, past or present symptoms or sensations, their inception, or their general cause.
A patient stating they have chest pain after a car accident to an ER doctor, or a child’s parent stating the child fell off a ladder.
What constitutes business records as hearsay exceptions?
A record of acts, events, conditions, opinions, or diagnoses made at or near the time of the event
recorded by a person with knowledge
in the course of a regularly conducted business activity.
What is the recollection recorded exception?
A record on a matter that the witness once knew about but
cannot recall well enough to testify about,
made while the matter was fresh in the witness’s memory.
What is the then-existing state of mind exception?
A statement that shows a declarant’s mental, emotional, or physical condition is not hearsay.
Imagine a scenario where a person, shortly before an accident, expresses to a friend that they are feeling anxious and scared about driving because they believe someone is following them. This statement could be admitted in court, even though it’s hearsay, to demonstrate the person’s state of mind and potential fear at the time. This helps establish the context and emotional state surrounding the event.
True or False: A witness’s prior identification is considered hearsay.
False.
What is the opposing party’s statement exception?
A statement made by an opposing party offered against that party is not hearsay.
The statement must be offered against the party who made it, and it does not need to be a statement made directly by the party themselves. It can also be a statement made by their authorized representative or agent while they were acting within the scope of their authority.
Example:
Imagine a scenario where Bob is suing Alice for breach of contract. During the lawsuit, Alice’s lawyer wants to introduce a statement that Bob made to a third party admitting that he knew the contract was being violated. This statement is admissible against Bob, even though it is hearsay, because it was made by the party-opponent and is offered against them
What is a statement against interest?
A statement that a reasonable person in the declarant’s position would have made only if believed to be true because it exposed the declarant to liability.
What is the definition of relevancy in evidence?
Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence.
What is the 403-balancing test in evidence admissibility?
Relevant evidence is admissible unless
its probative value is substantially outweighed by dangers
such as unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
What is required for lay witnesses to testify?
A lay witness must have personal knowledge of the matter she testifies about.
What is the general rule regarding expert witnesses’ knowledge?
An expert witness
does not need personal knowledge and
can testify based on facts made aware of at trial or through other means.
What are the seven ways to impeach a witness?
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- Prior inconsistent statements
- Bias and interest
- Conviction of a crime
- Bad acts
- Reputation or opinion for untruthfulness
- Sensory deficiencies
- Contradiction
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What is the general rule regarding character evidence?
Character evidence is inadmissible to prove that someone acted in accordance with their character at the time the event occurred.
In what civil cases is character evidence permitted?
Character evidence is permitted when character is an essential element of the case, such as in negligent entrustment, defamation, or child custody.
In criminal cases, when can a defendant introduce character evidence?
A defendant may introduce evidence of a pertinent character trait
to prove they acted in conformity with that character at the time in question.
What does the Sixth Amendment Confrontation Clause protect?
It protects against the admission of testimonial statements when the declarant is unavailable and the defendant did not have a chance to cross-examine the declarant.
What are some privileges that can exclude evidence?
- Attorney-client privilege
- Spousal privileges
- Physician-patient privilege
- Psychotherapist-patient privilege
True or False: An offer to settle is admissible to prove the validity of a disputed claim.
False.
What is the admissibility of an offer to pay medical expenses?
An offer to pay medical expenses is not admissible to prove liability or the existence of an injury.
What is a subsequent remedial measure in terms of evidence?
It is not admissible to prove negligence or liability but may be used for impeachment or to prove ownership, control, or feasibility of precautionary measures if disputed.
