Evidence Q

Question 1

Opinion testimony by a lay witness is admissible when…

Answer 1

1) it is rationally based on the perception of the witness;
2) it is helpful to a clear understanding of her testimony or to the determination of a fact at issue; and
3) it is not based on scientific, technical, or other specialized knowledge

Question 2

What are the requirements for admissibility of an excited utterance?

Answer 2

1. The occurrence of an event or condition sufficiently startling to produce a spontaneous and unreflecting statement;
2. absence of time to fabricate, i.e., the statement must be made while still under the influence of the startling event or condition; and
3. a statement relating to the startling event or condition.

Question 3

Hearsay Exceptions?

Answer 3

1. Present sense impression
2. Excited Utterance
3. Statement concerning mental/physical condition
4. Statement made for the purposes of obtaining a medical diagnosis.
5. recorded recollection
6. business records exception
7. former testimony (unavailable)
8. dying declaration (unavailable)
9. Statement against interest (unavailable)

Question 4

Non hearsay?

Answer 4

1. Admission
2. Prior statements of testifying witness (chance to explain/ cross)
   - prior inconsistent statements
   - prior consistent statements
   - prior identifications

Question 5

Hearsay exception where the declarant has to be unavailable?

Answer 5

1. former testimony
2. dying declaration
3. Statement against interest

Question 6

When are admissions by a party opponent defined as NOT HEARSAY?

Answer 6

Offered against a party opponent.
1. Individual admissions - confession (look out for Miranda warnings)
2. Adoptive admissions - (can be silence when a reasonable person would refute)
3. Authorized Admissions - (can be implied or expres; agents, attorneys)
4. Admissions by agents and employees
5. Conspirator Statements - must show proof of conspiracy, made in furtherance or pendancy of the conspiracy
NOT CO-PARTIES

Question 7

When is a declarant “not available”?

Answer 7

• Exempt by privilege
• Refuses to testify
• Lack of memory
• Death, physical or mental illness
• Unavoidable absence
• Constitutional unavailability

Question 8

When are dying declarations admissible?

Answer 8

• declarant believes death is imminent (doesn’t actually have to be dead but the declarant must believe it and be unavailable)
• must describe circumstances of death
• Available for all civil cases but only allowed in criminal homicide cases