Definitions
Hearsay Exceptions
Hearsay or not hearsay?
Admissible or inadmissible?
Hearsay, etc.
100
Person who makes a statement
What is a declarant?
100
A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
What is an excited utterance?
100
Chris Hinchey: [Pam Hinchey] said the doctor told her the biopsy revealed a malignant tumor on my right lung."
What is NOT hearsay (if not offered for the truth of the matter asserted)?
100
Terry Cohen: In 2007, Great American Tobacco Company, in a letter to the various state attorneys general, proposed a blue print to address youth smoking.
What is admissible (not hearsay unless offered for the truth of matter asserted in the letter)?
100
Duty, breach, causation and harm.
What are the elements of negligence?
200
A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
What is Hearsay?
200
Statement of declarant's then-existing state of mind, emotion, sensation or physical condition.
What is one of the four hearsay exceptions allowable under the mock trial rules? (803)(3)
200
Chris Hinchey: "I remember when my parents got the letter [informing them I had been seen smoking]. My dad was pretty upset and yelled a lot."
What is NOT hearsay (not being offered for the truth of the matter asserted by Charles Hinchey)?
200
Lee Wessel: The CDC contends that certain tobacco advertising campaigns, primarily those that rely on promotional diveaways, are to blame for an increased number of minors beginning to smoke.
What is admissible (not hearsay, because not offered for the truth of the matter asserted)?
200
Rule 42
What is the new number for the rule governing the procedure for introduction of exhibits?
300
Oral or written assertion or nonverbal conduct
What is a statement?
300
Statement describing or explainig an event or condition made while the declarant was perceiving the event or condition or immediately thereafter.
What is a present sense impression (803 (1)?
300
Chris Hinchey: They [doctors] said that I probably have only 1 to 4 years to live.
What is hearsay (if offered for the truth of the matter asserted)?
300
Chris Hinchey: "We were bored, and couldn't find anything else fun to do, so I told Jordan that I took a couple of cigarettes from my mom's purse and we should try them."
What is admissible as an exception to the hearsay rule under (803 (3))?
300
Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
What is relevance (Rule 401)?
400
Statement given under oath subject to the penalty of perjury at trial, hearing or other proceeding or in a deposition and inconsistent with the declarant's testimony in the present trial or hearing.
What is "not hearsay"? 801 (d)(1)(A)
400
Intent, plan, motive, design, mental feeling, pain and bodily health
What are examples of mental, emotional or physical conditions statements about which constitute a "then-existing mental, emotional, or physical condition" hearsay exception? (803(3))
400
Pam Hinchey: When Chris was in the fifth grade, his/her class had an anti-smoking program for a month. Chris came home and told me how bad smoking was.
What is NOT hearsay (if not offered for the truth of the matter asserted but to show Chris Hinchey's state of mind at the time)?
400
Charles Hinchey: [Chris] said s/he just tried one cigarette out of curiosity and would not do it again.
What is admissible? (Even if hearsay, it is admissible under 803 (3) as a staement showing intent, plan, motive...
400
Testimony that is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue.
What is opinion testimony by a lay witness?
500
A statement offered against a party and (A) the party's own statement or (B) a statement of which the party has manifested an adoption or belief its truth or (C) a statement by a person authorized by the party to make a statement, or (D) a statement by the party's agent or srevant concern a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a co-conspirator of a party during the course in furtherance of the conspiracy.
What is an admission by a party-opponent? (801)(2).
500
Statements for purposes of medical diagnosis or treatment.
What is an exception to the hearsay rule under 801(4)?
500
Lee Wessel: [My friends on the assembly line] were constantly offering me cigarettes and telling me that they wouldn't let me go out with them any more if I didn't smoke.
What is NOT hearsay (if not offered for the truth of the matter asserted)?
500
Terry Cohen: tobacco companies have been greatly criticized for manipulating the nicotine levels in cigarettes.
What is admissible (not offered for the truth of the matter asserted)?
500
it is admissible only if each part of the combined statement conforms with an exception to the hearsay rule provided in these rules.
What is hearsay within hearsay? (805)
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