Evidence

Question 1

Hearsay

Answer 1

• an out of court statement
• other than one made by the declarant while testifying at the current trial or hearing
• offered to prove the truth of the matter asserted

Question 2

Common Objections OPRAH

Answer 2

Original writing rule
Privilege
Relevancy
Authentication
Hearsay

Question 3

Hearsay statement

Answer 3

1. oral or written assertion

2. conduct intended as an assertion

Question 4

Adoptive admission by silence

Answer 4

1. a party hears and understands an accusation against him
2. the party is capable of denying
3. a reasonable person would have denied if was untrue

Question 5

Admission by party-opponent

Answer 5

• statement is by or attributable to a party
• personal knowledge of facts NOT required
• statement need not have been against interest when made
• declarant need NOT be unavailable

Question 6

Hearsay Exceptions

Answer 6

1. present sense impression
2. excited utterance
3. present mental/emotional/physical state
4. statements for medical diagnosis/treatment
5. past recollection recorded
6. business records
7. absence business record
8. public record
9. vital statistics
10. absence public record

Question 7

Present sense impression

Answer 7

a statement that describes or explains an event or condition, made while the declarant is perceiving the event or condition or immediately thereafter.

Question 8

Forms of character evidence

Answer 8

1. reputation testimony
2. opinion testimony
3. specific acts

Question 9

Character evidence in civil cases

Answer 9

• inadmissible to prove that the person acted in conformity with the trait
• admissible when character is in issue:
  
  1. defamation
  2. child custody
  3. negligent entrustment
  4. negligent hiring

Question 10

4 main ways to impeach

Answer 10

1. bias
2. sensory defects
3. prior inconsistent statements
4. character:
   - reputation or opinion testimony
   - bad acts (involving dishonesty -cannot use extrinsic evidence)
   
   • prior conviction felony not involving dishonesty (10 yrs limit, court discretion)
   • prior conviction any crime involving dishonesty (auto admissible, 10yr)

Question 11

excited utterance

Answer 11

• statement that relates to a startling event
• made while the declarant was under the stress of the excitement
• excitement must have been caused by the event
• personal knowledge by the declarant is required

Question 12

dying declaration

Answer 12

• concern: statement must cn\oncern cause or circumstances of death
• unavailable: declarant must be unavailable
• belief: declarant have believed that death was imminent
• any: dying declaration may arise civil case or criminal homicide

Question 13

unavailability

Answer 13

PRISM

• privilege: court rules that a privilege applies
• refusal: refusal to testify
• incapacity: due to death,illness or injury
• subpoena: failure to comply with beyond reach of avsubpoena
• memory: lack of