Evidence II

Question 1

Hearsay — full definition

Answer 1

Out of court statement by a person offered to prove the truth of the matter

Statement = saying or assertive conduct (indicating something with conduct)

Out of THIS court
Even if speaker is in court quoting herself

Question 2

Hearsay truth of the matter asserted

Answer 2

Truth — would jury be misled if SPEAKER is lying?
Not hearsay —
1) independent legal significance- proving utterance not truth of utterance
2) Offered to show effects on listener — eg put plaintiff on notice regardless of truth
3) circumstantial evidence of state of mind

Question 3

Hearsay exemption

Answer 3

1) Opposing party statement
2) Vicarious opposing party statement — includes co conspirator
3) prior inconsistent statement
4) prior consistent statement
5) statement of identification

NOT HEARSAY

Question 4

Hearsay exceptions

Answer 4

1) Declarant unavailable —
previous opportunity to examine , privity to person with opportunity to examine
Against the speakers interest — could be made by anybody
Dying declaration (has to relate to homicide case)
2) not unavailable
Excited utterance , present sense impression,then existing physical condition or state of mind, past or present mental or physical condition, statements made to get a medical diagnosis (including mom), business records, public records,

Question 5

Public records exemption

Answer 5

Describing policy of office
Record describing matters imposed by law. But not police reports in criminal trials
Investigation made pursuant to legal authority
Judgements of courts — but not conviction of other person

Question 6

Confrontation clause

Answer 6

Testimonial hearsay no chance to challenge. Only in criminal trial
Not if ongoing emergency

Question 7

Authentication

Answer 7

Evidence that it’s a signature (can be circumstantial
20 years old or more and no irregularities natural custody
Self authenticating: notarized, newspapers, trade inscription,
Non unique items— chain of custody

Low burden

Question 8

Best evidence rule

Answer 8

Writings and tangible data
When: where case turns on the evidence, where knowledge of witness comes from document,
Voluminous documents exception

What is best evidence? Original, duplicates,
Only original if question as to authenticity of duplicate