Hearsay

Question 1

What is hearsay?

Answer 1

• An OOC statement offered for the TOMA

-statements made in court dont count

Question 2

Not Hearsay (because it is not TOMA)

Answer 2

• Verbal Act: Statement was offered to prove that it was made
• Effect on listener: Statement offered to show the effect on the person who heard it
• State of Mind: Statement offered as circumstantial evidence of a D’s state of mind

Question 3

Not Hearsay (By statute)

Answer 3

• Testifying witness’s prior inconsistent statements - must have been made under oath
• Testifying witness’s prior consistent statements
• Statements of identification - the witness has to testify
• Admissions of a party opponent: (counts towards adoptive admissions, vicarious admissions, and statements made by co-consipirators)

Question 4

Hearsay Exceptions: Declarant Unavailable List

Answer 4

• Former Testimony
• Dying Declaration
• Statement against interest
• Forfeiture by wrongdoing

Question 5

Hearsay Exceptions: defendant’s presence Immaterial List

Answer 5

• PSI
• EU
• State of Mind
• Statements made for medical treatment
• Past Recollection Recorded
• Business Records
• Public Records
• Learned Treaties
• Convictions

Question 6

Hearsay Exceptions: Former Testimony

Answer 6

• Has to be given under oath at previous trial
• the party against which it is being offered must have had the opportunity and motive to develop the testimony by cross/direct.

Question 7

Hearsay Exceptions: Dying Declaration

Answer 7

• Must have been made when the declarant believed that death was immenant
• must have been a statement relating to the cause of death
• only allowed for homicide and civil cases

Question 8

Hearsay Exceptions: Statements against Interests

Answer 8

• At the time made, the statement was against the declarants interest such that they would not have made it unless it were true
• Not allowed if it would subject the declarant to criminal liability and would exculpate a party of a crime being charged

Question 9

Hearsay Exceptions: Forfeiture by Wrongdoing

Answer 9

• If you cause someones unavailability, anything they said against the party is admissible

Question 10

Hearsay Exceptions: PSI

Answer 10

• Statement made describing an event while they perceive it (or immediately after)

Question 11

Hearsay Exceptions: EU

Answer 11

• Statement about a startling event while the declarant was under the stress of the event

Question 12

Hearsay Exceptions: State of Mind

Answer 12

• Statement of a declarants then existing state of mind
• A statement of intent can be used to prove the person acted in conformity with the intent

Question 13

Hearsay Exceptions: Statements made for the purposes of Medical Treatment

Answer 13

“Doctor my leg hurts”

Question 14

Hearsay Exception: Past Recorded Recollection

Answer 14

• Allowed when the record concerns a matter on which the witness once had knowledge, the record was prepared when the knowledge was fresh, the record accurately reflects the witness’s knowledge, and the witness does not remember anymore.

Question 15

Hearsay Exceptions: Business Records

Answer 15

• If a person with knowledge of the event made a recording immediately or shortly after the time of the events and the recording is part of a regular business practice
• Records in anticipation of litigation are still privileged though

Question 16

Hearsay Exception: Public Records

Answer 16

• Observations, factual findings, and activities of public officials that are recorded
• Police reports can only admit the activities