Evidence

Question 1

What is an excited utterance? (generally, then description)

Answer 1

An exception to the hearsay rule: Statements made under the stress of some exciting event and relating to that event

Question 2

What is the present state of mind exception to the hearsay rule?

Answer 2

It allows statements about a declarant’s then-existing state of mind (e.g., intent, motive, plan) to be admitted as an exception to hearsay.

Question 3

Why are statements of present state of mind admissible?

Answer 3

They are admissible as circumstantial evidence of the declarant’s subsequent actions in line with that state of mind.

Question 4

Can a statement of intent be used to prove the declarant later acted on that intent?

Answer 4

Yes. If someone says “I’m going to the store,” that statement can be used to show they likely went to the store.

Question 5

Is character evidence admissible in civil cases to prove conduct in conformity on a specific occasion?

Answer 5

No. Character evidence is inadmissible in civil cases to show that a party acted in accordance with a trait like safety or prudence.

Question 6

What is the rule about using character traits to prove behavior in civil vs. criminal cases?

Answer 6

In civil cases, character traits cannot be used to prove conduct; in criminal cases, the defendant may offer character evidence (with restrictions).