Character Evidence
This rule contains the general prohibition against using character evidence to show propensity . . .
What is Rule 404(a)?
Hearsay requires a statement to be offered for which purpose. . .
What is the truth of the matter asserted?
A 911 call made while observing an event usually falls under this exception.
➡️ What is present sense impression (803(1))?
The Confrontation Clause applies only in this type of case.
What is a criminal case?
Lay opinion must be rationally based on . . .
What is the witness's perception (firsthand knowledge)?
In criminal cases, character evidence becomes admissible only when this party opens the door . . .
Who is the defendant?
A nod, a gesture, or silence can qualify as a “statement” for hearsay purposes only if the actor intended this.
➡️ What is an assertion of fact?
This exception focuses on the declarant’s stress level rather than strict timing.
➡️ What is excited utterance (803(2))?
This landmark case redefined confrontation analysis around testimonial statements.
What is Crawford v. Washington?
Rule 702 requires the judge to act as this role when assessing expert testimony. . .
What is the gatekeeper?
When character is an essential element, it may be proven using this method. . .
What are specific instances of conduct under Rule 405(b)?
A ship’s captain places a quarantine flag on the vessel. The prosecution offers this to show the ship was infected. Is this hearsay?
➡️ What is yes, because the conduct was intended to assert a fact?
Medical diagnosis statements are admissible because patients have this incentive.
➡️ What is a motive to tell the truth for treatment?
Statements made during emergencies are usually considered this
What are non-testimonial statements?
An expert may rely on otherwise inadmissible facts only if this balancing standard is met before disclosure to the jury. . .
What is Rule 703's "reverse 403?"
(probative substantially outweighs prejudice)
These rules allow prior sexual assault or child molestation acts to be admitted even for propensity purposes. . .
What are Rules 413-415?
A mother rushes her child to the ER without speaking. The state offers this conduct to show the mother believed the child was seriously injured. Hearsay?
➡️ What is no, because the conduct is offered to show state of mind, not to assert a fact?
Business records prepared with litigation in mind usually fail under this case.
➡️ What is Palmer v. Hoffman?
A statement is testimonial if its primary purpose was to serve as this.
This marital privilege applies only to confidential communications made during the marriage and survives divorce. . .
What is the marital communications privilege?
What is KIPPOMIA?
After a shooting, a victim silently points at the defendant when police arrive. The prosecution offers the gesture to prove identity. Is this hearsay?
➡️ What is yes, because the gesture was intended as an assertion identifying the shooter?
This exception applies only when the declarant is unavailable and believed death was imminent.
➡️ What is the dying declaration (804(b)(2))?
This doctrine bars admission of a co-defendant’s confession implicating another defendant.
What is the Bruton doctrine?
The party seeking to overcome the marital communications privilege bears this burden.
What is proving the communication was not intended to be private?