FRE’s Flashcards
(7 cards)
Prior Inconsistent statement (usually hearsay, admissible only to IMPEACH):
CAUTION: Hearsay EXEMPTION prior inconsistent statement—RULE: when statement made under oath at a prior trial, hearing, or another proceeding, or deposition, may then be considered as SUBSTANTIVE proof of the facts stated.
HOW: Use/prove by:
1. Cross-examination, or
2. Extrinsic evidence— (1) proper foundation; (2) must be relevant to an issue in the case.
WHO: may impeach:
[FRE 607] any party may attack witness credibility.
[FRE 806] parties may impeach a hearsay declarant in same way allowed if declarant were to testify.
WHAT: Ex. When witness tells a story at trial, opposing lawyer will confront w/previous out of court statement (OOCS) where witness told a different story. This impeachment use NOT hearsay b/c OOCS is introduced not for its truth, but to suggest witness who changes his story is not credible.
Trespass:
Rule: entering the property of another w/o the owner’s permission.
Criminal Law
Self-Defense
A non-aggressor is justified in using force upon another if she reasonably believes such force necessary to protect herself from imminent or of unlawful force by the other person.
Evidence: [FRE 801] Hearsay
An out of THIS court statement offered to prove the truth of the matter asserted.
Hearsay or not Hearsay when…?
[FRE 801(d)(2) Admission by a party-opponent:
A statement by an opposing party is NOT hearsay when offered against the same opposing party.
Note: statements by an agent or EE concerning any matter w/in the scope of her agency or employment, made during the existence of the agency or employment relationship are admissible against the principle.
A statement that contains hearsay w/in hearsay may be admissible so long as…?
Each part of the combined statement conforms to a hearsay exception. [FRE 805]
Testimony of a now-unavailable witness given at a trial, hearing, or in a deposition taken in accordance w/law is admissible in a subsequent trial or hearing so long as…?
There is sufficient similarity of parties and issues so that the opportunity to develop testimony or cross examine at the prior hearing was meaningful. FRE 804(b)(1).
