Hearsay Part 1
This exception may be used when the statement relates to a startling event or condition.
What is 803(2) Excited Utterance?
Under this rule, Plaintiffs may offer Aggie Stackhouse's statements as non-hearsay.
What is the party opponent rule/801(d)(2)(d)?
This is evidence of a person's character or character trait.
What is Character evidence?
Under this rule, experts must satisfy several prongs to testify to their expert opinions.
This is the rule that defines relevance.
What is 401 Test for Relevant Evidence?
This exception is for statements describing or explaining an event or condition, made while or immediately after the declarant perceived it.
What is 803(1) Present Sense Impression?
This exemption is for statements that differ from the declarant's prior testimony, which was given under the penalty of perjury.
What is 801(d)(1)(a) Prior Inconsistent Statement?
This is evidence of a person's character or character trait when used to prove that on a particular occasion the person acted in accordance with the character or trait.
What is improper character evidence?
There are this many elements which must be satisfied for an Expert to testify to an opinion.
What are 5?
An attorney objecting under this rule believes the witness lacks personal knowledge to testify.
This exception is for statements about the declarant's then-existing state of mind or emotional, sensory, or physical condition.
What is 803(3) Then-Existing Mental, Emotional, or Physical Condition exception?
This exemption is for statements that can be used to rebut an express or implied charge that the declarant is not being truthful in his current testimony.
What is 801(d)(1)(b) Prior Consistent Statement?
There are this many types of character evidence.
What are three: Prior act, opinion, and reputation?
Under Rule 705, experts do not have to testify to this prior to providing their opinion.
What are underlying facts and data?
A witness's testimony must be based on this to avoid a speculation objection.
What is rationally based perception?
The exceptions under this rule number require the declarant to be unavailable.
What is Rule 804?
A drug dog alert is not considered hearsay because of this rule.
What is 801(a) defining statement?
Under these rules, evidence of a witness's character may be rebutted.
What are 404(a)(3), 607, 608, and 609?
Under this case law, experts may not act simply as conduits of hearsay.
What is Richards vs. Mississippi BBQ?
These are the six reasons a Court may exclude relevant evidence.
What are substantial danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
The business records exception requires this many prongs to be satisfied
What is five?
This case law asserts that even a declarant-witness's prior out of court statements offered for the truth of the matter asserted are hearsay.
What is America's Best Cookie vs. International House of Waffles?
These are all nine types of permissible character evidence.
What are motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident?
Under this case law, experts cannot be used as weapons in a trial by ambush.
What is Kane Software Co. vs. Mars Investigations?
This type of opinion is not automatically objectionable.
What is Rule 704 Opinion on Ultimate Issue?