Evidence

Question 1

What is hearsay?

Answer 1

Out of court
statement
offered to prove
the truth of the matter asserted

It is inadmissible unless an exception of exclusion applies

Question 2

Rationale for the hearsay rule: hearsay is unreliable because (name 4 reasons)

Answer 2

1) declarant may misperceive an event;
2) declarant may misremember an event;
3) declarant may be lying; or
4) person testifying in court may misremember the statement, may have misheard it, or may be lying about it.

Question 3

Is an opposing party’s statement hearsay?

Answer 3

If a party says it, it can be admitted against that party!
It is NOT hearsay

Question 4

When can a statement against interest be admitted?

Answer 4

The witness needs to be unavailable.

Question 5

When is a dying declaration admissible?

Answer 5

(i) declarant - unavailable
(ii) civil or homicide case
(iii) declarant made the statement while believing she would die; and
(iv) statement relates to the cause or circumstances of death.

Question 6

When is an excited utterance admissible?

Answer 6

(i) startling event
(ii) declarant makes the statement while under the stress of the excitement, and
(iii) the statement relates to the startling event.

Question 7

When is the Sixth Amendment right to confront witnesses applicable?

Answer 7

ONLY in criminal cases