Hearsay--Mnemonics

Question 1

Four Admissions–Captain America Values Peter-parker

Answer 1

• Four Admissions–Captain America Values Peter-parker
  
  • Party
  • Co-conspirator
  • Adoptive
  • Vicarious

Question 2

Four witness statement–Mulan and Pocahontas Save Eeyore and Stitch

Answer 2

Four witness statement--Mulan and Pocahontas Save Eeyore and Stitch
	• Medical
	• Present Sense Impression
	• Excited utterance,
	• Then-existing State

Question 3

Three prior statements of available witnesses–Pepper Can Influence Ironman

Answer 3

• Three prior statements of available witnesses–Pepper Can Influence Ironman
  
  • Prior-Consistent
  • Inconsistent
  • Identification

Question 4

Four Declarant unavailable–U. S. Daring Avengers Including Falcon and Thor Find Wonder woman and Dare Devil

Answer 4

Four Declarant unavailable–U. S. Daring Avengers Including Falcon and Thor Find Wonder woman and Dare Devil
• Unavailable–Declaration Against Interest
• Former Testimony
• Forfeiture by Wrongdoing
• Dying declaration

Question 5

Types and number of hearsay
4 A
4 W
3 P
4 D
4 DA

Answer 5

4 Admissions
4 Witness Statements
3 Prior Statements of Available Witnesses
4 Documents
4 Declarant Unavailable

Question 6

What is hearsay? Rule

Answer 6

HEARSAY is an out-of-court statement [out of this court] made by the declarant offered to prove the truth of the matter asserted. It is inadmissible upon proper objection unless an exemption/exception applies.

Question 7

What is an out-of-court statement?

Answer 7

i. Out-of-court (OOC) statement may be oral or written, includes assertive conduct, excludes depositions

Question 8

The statement is NOT hearsay where the OOC statement is introduced for other purposes, to show:

Answer 8

ii. The statement is not hearsay where the OOC statement is introduced for other purposes, to show:
1) legally operative facts (of independent legal significance, e.g., K terms, defamatory words),
2) effect on listener (notice, knowledge, motive),
3) knowledge of speaker, state of mind (evidence of insanity, belief)

Question 9

Non-hearsay exemptions IN CA fall under…

Answer 9

([CA] fall under “exceptions”) (“prior” statements need declarant’s availability)

Question 10

Non-hearsay exemptions ([CA] fall under “exceptions”) (“prior” statements need declarant’s availability)

Answer 10

Prior inconsistent statement
Prior consistent statement
Prior statement identifying a person

Question 11

Prior inconsistent statement????

Answer 11

To admit a prior statement inconsistent with a declarant in-court testimony, declarant must be AVAILABLE.
[FRE] and the prior statement must have been given under oath

Question 12

Hearsay exceptions (hearsay but admissible)
If declarant unavailable (via PRISM)

Answer 12

Hearsay exceptions (hearsay but admissible)
If declarant unavailable
(via PRISM: privilege, refusal, incapacity, someplace else, memory lacking)

Question 13

Prior consistent statement offered to rebut a charge that W has motive to lie/exaggerate.
Declarant must… T X B

Answer 13

Prior consistent statement offered to rebut a charge that W has motive to lie/exaggerate.
Declarant must… T X B
Testify at trial + be subject to X-exam + statement made Before the alleged motive to lie or exaggerate arose.

Question 14

Prior statement identifying a person…

Answer 14

Prior statement identifying a person after perceiving him – must be available to testify at trial

Question 15

Admissions by party

Answer 15

Any statement by opponent (cannot bring own) acknowledging a fact relevant to the case. which need not be against declarant’s interest when made.
CA–exception

Question 16

Adoptive admissions

Answer 16

Conduct or silence made by another

1) where the party knows of its content and
2) the party understood the accusatory statement
3) voluntarily manifests belief in the truth +
4) reasonable person would have, if untrue, denied under the same circumstances, e.g., not in police presence—suspect in custody has no duty to speak)

Question 17

Multiple Hearsay

Answer 17

Each out-of-court statement–quotes, or paraphrases, must fall within an exception to be admissible.

Question 18

Vicarious Admission (arise in 2 ways)

Answer 18

1. Explicit authorization–made by a spokesperson or employee
2. Employee or agent made within the scope of the employment during the existence of the relationship.
   [CA] ONLY where negligent conduct of that employee is the basis for employers liability in a case.

Question 19

Co-conspirators admissions

Answer 19

Statements made during the course of the conspiracy and in furtherance of it.
Confrontation Clause–if the co-conspirator refuses to testify, the co-conspirator admission will not be admitted.

Question 20

Confrontation Clause

Answer 20

Requirement that a defendant is allowed to confront his accusers.