Evidence

Question 1

Relevant Evidence

Answer 1

Relevant evidence is evidence offered which, if accepted, tends to make the existence or non-existence of a material fact more or less likely than without the evidence. This is a very easy threshold to meet. Additionally if found to be relevant, the evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice.
Relevant evidence may also be excluded if it is hearsay and does not fit into any hearsay exceptions. Hearsay is an out-of-court statement made by a declarant which is being offered to prove the truth of the matter asserted. A statement can be actual words or a writing, as well as conduct meant to communicate a message.

Question 2

Admission of party-opponent

Answer 2

The W’s statement “Is my scooter safe to ride for a while?” is relevant because it goes to her knowledge as to the condition of the scooter. Admissions of party opponents, even if made out of court and offered to prove the truth of the matter asserted are not considered hearsay. Here, W is a party to the action, so her statement is admissible as an admission of a party opponent.

Question 3

Effect on Listener

Answer 3

The woman’s testimony that the mechanic gave her a thumbs up is admissible. It is relevant because it makes W’s knowledge of the condition of the scooter more or less likely. Also, technically this is conduct meant to communicate a message. It is made out of court, but is not offered to prove the truth of the matter asserted, rather it is being offered to show the effect on the listener. In this case, W interpreted the mechanics thumbs up as an affirmative response to her question about whether or not the scooter was safe to drive. Thus it is technically not hearsay and will be admissible.

Question 4

Hearsay

Answer 4

Hearsay is an out of court statement offered to prove the matter asserted. Generally, exceptions to the inadmissibility of hearsay exist because they are reliable.

Question 5

Present Sense Impression

Answer 5

A present sense impression is a statement that describes what is happening or just happened.

Question 6

Right to confront witness

Answer 6

A defendant has the constitutional right to confront the witnesses called to testify against him. Here, since the witness is not in court and unable to be cross-examined by the defense, the D is not able to confront a witness whose statements are being offered as evidence against him. This right, however, only applies to testimonial evidence; it does not apply to non-testimonial evidence. Non-testimonial evidence is statements given to law enforcement in order to deal with an on-going emergency

Question 7

Violation of D’s constitutional rights

Answer 7

The rule noted above for testimonial vs. non-testimonial is incorporated by reference here. Regarding this statement, it is more likely that the sister’s statement is testimonial in nature. Because the boyfriend was secured in the car, the emergency was over. The sister was not still dealing with an on-going emergency of which she was soliciting help. The danger was over. Thus, this testimony is more testimonial than non-testimonial. The court should grant the defense’s objection on the grounds that its admission violates the D’s constitutional rights.