Hearsay Stories Flashcards
(17 cards)
What is the definition of hearsay?
Out-of-Court Statement for the Truth
Hearsay refers to statements made outside of court that are offered to prove the truth of the matter asserted.
What is the rule about statements made by non-human entities?
Not Hearsay
Machines and animals do not create hearsay.
What is an Adoptive Admission?
Silence = Agreement if a reasonable person would have denied it
A person’s silence can be interpreted as an admission if they had the opportunity to deny the statement.
What does the Present Sense Impression rule state?
Statements must be made at the moment the event is happening
This exception applies if the statement is made during or immediately after the event.
What qualifies as an Excited Utterance?
If the speaker is still freaking out
Statements made under stress or excitement are admissible as evidence.
What does the Then-Existing Mental or Physical Condition rule cover?
Only applies to statements about current emotions, pain, or intent
This rule is not applicable to statements about past events or opinions.
What is required for Business Records Exception?
Records must be kept in the normal course of business—no making stuff up
Business records must be accurate and regularly maintained to be admissible.
In which cases are Public Records admissible?
Public records work in civil cases, but NOT in criminal cases against defendants
Law enforcement reports cannot be used against a defendant in a criminal trial.
What is the rule for Dying Declarations?
Only allowed in homicide & civil cases—NOT for robbery, fraud, etc.
Dying declarations are specific to circumstances involving death.
What characterizes a Statement Against Interest?
If a statement would get the speaker in trouble (criminal, financial), it’s admissible
This rule applies when the statement is contrary to the speaker’s interests.
What happens if a defendant makes a witness unavailable?
They LOSE their hearsay objection
Forfeiture by wrongdoing occurs when a defendant acts to prevent a witness from testifying.
Fill in the blank: The rule for machines and animals is that they do not create _______.
hearsay
Fill in the blank: A person’s silence can be interpreted as an _______ if they had the opportunity to deny the statement.
admission
True or False: Present Sense Impression allows statements made at any time after the event.
False
True or False: Excited Utterances are only admissible if the speaker is calm.
False
What is the relationship between a business record and its accuracy?
Records must be REGULARLY and ACCURATELY kept.
What type of cases are Dying Declarations applicable to?
Homicide & civil cases
