Evidence

Question 1

How is a witness competent ?

Answer 1

Cats PURR

P - must perceive the event

U - understand and take oath

R - must remember the event

R - can recall and communicate the event

Question 2

A hearsay witness is unavailable when?

Answer 2

Prima

P - privilege

R - refuses to testify

I - sick / dead

M - lack of memory

A - absent (outside subpeona range)

Question 3

Hearsay exceptions when the declarant is unavailable ?

Answer 3

San fucking Francisco Fire Department

S - statement against interest

F - forfeiture wrongdoing

F - former testimony

F - statement of family history

D - dying deceleration

Question 4

Public Records exception requirements ?

Answer 4

Plenty of fish

P - practice of public entity to records

O - observation of the public entity in accordance to their duty

F - fact finding made during the investigation

Question 5

The hearsay exceptions for when availability is immaterial ?

Answer 5

PETS Really Be Pissing Long

P - present sense impression

E - excited utterance

T - then existing state of mind or emotional / physical condition

S - statement made for medical treatment

R - recorded recollection

B - business records

P - governmental / public records

L - learned treaty

Judgement of previous conviction
Residual exception

Question 6

What’s the difference between California and FRE regarding business records ?

Answer 6

The individual who is introducing it in California must first present a foundational element that it is trustworthy.

Question 7

Difference between California and FRE regarding catch all exception?

Answer 7

California hasn’t adopted a catch all exception

Question 8

Present sense impression is called what in California?

Answer 8

Contemporaneous statement

Question 9

What’s the difference between California and fed regarding then existing state of mind?

Answer 9

1. In California the declarant must be unavailable

2.