Hearsay and Relevance :)

Article 4 (Relevance)

100

What is rule 402? 

Irrelevant evidence is impermissible. 

200

What is relevant evidence? 

evidence 

which tends to make the existence of any fact that is of consequence to the determination of the outcome of the case 

more or less probable than it would be without the evidence.

300

DOUBLE POINTS: What are the two ways to prove character? 

405(a) Reputation or Opinion

OR 

405(b) Specific Instances of Conduct  

400

What is character evidence

character evidence used for the purpose of proving action in conformity therewith on a particular occasion

500

DOUBLE POINTS: What are the three situations when character evidence is allowed? 

404(1): Character of accused (must be offered by an accused, OR prosecution to rebut) 

404(2): Character of Victim (character of victim offered by accused, OR prosecution to rebut)

404(3): Character of witness. Evidence of the character of a witness (restricted by Rules 603, 604 and 603)

Article 8 (801 exceptions)

100

If rule 801 permits a statement into the record, is it hearsay? 

NO. These statements are NOT hearsay by rule. 

200

Give me an example of hearsay that is not being used to truth of the matter asserted

[see answers] 

300

Define Hearsay

What is "an out of court statement used for the truth of matter asserted" 

400

What are the names of the two rules under 801? (aside from definitions) 

801(d)(1) prior statement by witness

801(d)(2) statement by a party opponent 

500

Is evidence used to prove state of mind hearsay? 

No! 

Article 8 (802 + 803 exceptions)

100

If a rule allows a statement under 803, is it hearsay? 

Yes, because 803 allows hearsay. But the instances of hearsay are permitted by rule. 

200

What is a learned treatise? 

Authoritative published work (textbooks, pamphlets, etc in fields like medicine, tech, etc...) 

300

What is rule 803(1)? 

Present sense impression (present sense impressions are permissible hearsay) 

400

What rule number is excited utterance/spontaneous exclamation

803(2) 

500

Write out the entire business record rule (what number, what are the 3 parts)

803(6) 

1. If kept in the course of a regularly conducted business activity; and 

2. If it was the usual course of business to make the record at the time of the event recorded or within a reasonable time thereafter;

UNLESS the source of information or the method or circumstances of preparation indicate lack of trustworthiness of the re- cords in question.

Article 8 (804 exceptions)

100

What rule permits hearsay from an unavailable declarant 

804(b)(1)

200

Is a declaration of a deceased person admissible

yes, so long as it was made in good faith

300

What is a statement against interest? 

A statement which was at the time of its making so far contrary to the declarant’s interest, usually permissible 

400

DOUBLE POINTS: What are the 3 ways a declarant can be unavailable 

1. the court rules that they shouldn't testify 

2. they testify to a lack of memory of the subject

3. Is unable to be present or to testify at the trial because of death or then-existing physical or mental illness or infirmity.

500

DOUBLE POINTS: Give me an example of hearsay within hearsay

[take a look!] 

Sillies

100

Howie's favorite color?

What is Purple 

200

Which teacher let students play Mario Kart in their class?

Ms.Farkas

300

The names of Howie's two dogs?

What are Cosmo and Jolene

400

How many years has Howie worked with the team?

What is 19

500

How many emails does Sophia have on her inbox?

What is 6,605