Hearsay

Question 1

Hearsay

Answer 1

Hearsay is NOT ADMISSIBLE

Hearsay is out-of-court statements made to prove the matter asserted
-Previous statement and now they are bringing it in the court.

Question 2

Statement not offered for truth

Answer 2

Words of offer & acceptance
libel or slander
verbal acts to show motive/notice

Question 3

Present Sense Impression

Answer 3

-Hearsay Exception

Making a statement while seeing the facts occur - no emotion
who, what, where

Question 4

Excited Utterance

Answer 4

-Hearsay exception

Statements made while excited
(yelled, shrieked, !)

Question 5

Then existing mental, emotional or physical state of mind

Answer 5

-Hearsay exception

Goes to my emotion

“I was on my way to a certain location”

Motive, love, hate, intent and planning

Question 6

Business Record

Answer 6

-Hearsay Exception
Has to be done ALL THE TIME

Records made in the ordinary course of business

Question 7

Statement for Medical Diagnosis Treatment

Answer 7

-Hearsay Exception
“Something about treating the gunshot wound”

Treatment itself!

Statement related to past or present symptoms about treatment or diagnosis.

Question 8

Recorded Recollection

Answer 8

-Hearsay exception

Witness once knew about this document but cannot remember (adopted it, wrote it, knew a lot about it)?

Witness can verify the accuracy of that document

-MAY BE READ INTO EVIDENCE

Question 9

Public Record

Answer 9

-Hearsay Exception

Public office or agency that shows activities of the office

-Record or statement of a public office/agency
-Observations by someone with a duty to report.

Question 10

Learned Treatise

Answer 10

Look for a situation where an expert witness is relying on it.

Question 11

Ancient Document

Answer 11

A document that is more than 20 years old and authenticated - Made before 1998

Question 12

Catchall Exception

Answer 12

Any other trustworthy statement and in the interest of justice should come in.

Question 13

Unavailability

Answer 13

This is when the declarant (the person who made the statement) is unavailable (missing not just dead)

Question 14

Dying Declaration

Answer 14

Declarant has to be unavailable
Declarant has to believe that they are dying (impeding death)
About cause of death
Only applies in homicide or civil cases

Question 15

Statement Against Interest

Answer 15

Declarant is unavailable
Declarant makes a statement making themselves look guilty or liable
this may look like an admission but its not
(made by a non-party who is unavailable)

Question 16

Former Testimony

Answer 16

-Declarant is unavailable
-The party against whom the former testimony is offered must have been a party in the former caser.
-Former case is about the same subject matter as the current case
-Former testimony was under oath
-Had the opportunity to cross-examine the witness

Question 17

Admissions

Answer 17

Statement made by a party
They become admissible as non-hearsay

Question 18

Vicarious Admission

Answer 18

Employee making statements they will be admissible

Question 19

Adoptive Admission

Answer 19

Silent
When you don’t respond when a reasonable person would have.

Question 20

Prior Consistent Statement

Answer 20

This is brought up to refute ant charge that things were made up or that there was improper motive.

Question 21

Prior Sworn Inconsistent Statement

Answer 21

-Prior Statement by Declarant
-Made under the oath
-Inconsistent with current testimony

Question 22

Prior Identification

Answer 22

Declarant is testifying about someone they identified earlier.

Question 23

Right to Confront a Witness?

Answer 23

First - Was it testimonial or not?

1. Statement made to police during emergency. (admissible not testimonial).
2. Demonstrative/physical evidence- admissible

Question 24

Hearsay Upon Hearsay

Answer 24

2 statements

A told B who then told C

“NOT ADMISSIBLE”