Definitions
Hearsay Exceptions
Hearsay or Not?
Admissible or Inadmissible
100
Person who makes a statement.
What is the 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
In a trial in which John has asserted that immediately after his surgery he lost the ability to speak because of a doctor's negligence, a witness on behalf of the doctor says, "After his surgery, John called me and said, 'That doctor is a quack!'"
What is not hearsay, offered to prove that John could still speak NOT offered to prove that the doctor is a quack.
100
Bill testifies that as they walked by two men smoking, Susie stated "that definitely smells like weed." Offered to prove the men were smoking marijuana.
What is admissible... (present sense impression)
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 the state of mind exception?
200
Steve was murdered and Rachel is accused of his murder. In trial a witness states, "Rachel called me the day before the murder and she was crying and said the following, 'I just can't believe Steve is having an affair."
What is not-hearsay, offered to show motive not to show that Steve was having an affair.
200
A 911 call in which a now unavailable witness exclaimed "OMG OMG OMG HE'S SHOOTING HER, DON IS SHOOTING JAN... What should I do??!?!!!", offered to prove Don shot Jan.
What is admissible (excited utterance)
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?
300
John is convicted of murder. During trial a witness testifies that he ran into the house, saw the victim's son and asked the victim's son whether John killed his dad. The little boy shook his head yes.
What is hearsay.
300
During the trial for Billy's murder, his mom testifies that right before the murder Billy said, "I'm going to meet Jimmy at the Duane Reade on the corner." Offered to show Billy went to the Duane Reade.
What is admissible.
400
Testimony under oath, cross examination, assessment of the witness's demeanor
What are reasons in-court statements tend to be more reliable?
400
A statement made when declarant believes he is about to die, that relates to the cause of or circumstances surrounding the declarant's impending death.
What is a dying declaration?
400
In a slip and fall case, a witness on behalf of the defendant testifies that she heard Billy say to the plaintiff, "your driveway is really icy and slippery." (clue- knowledge of the dangerous condition is an important element of the case)
What is not-hearsay? (This is offered to show that the plaintiff was on notice of the icy driveway, not the driveway was icy)
400
During the trial for Billy's murder, his mom testifies that right before the murder Billy said, "I'm going to meet Jimmy at the Duane Reade on the corner." Offered to show Jimmy went to the Duane Reade.
What is possibly admissible in some jurisdictions (New York) if there is corroborating evidence.
500
A party's own statement, offered against that party
What is a Party-Opponent Admission?
500
A statement expressing the declarant's intent to do perform an act.
What is the state of mind exception (offered to show the declarant acted in accordance with his intentions)?
500
Steve was murdered and Rachel is accused of his murder. In trial a witness states, "Rachel called me the day before the murder and she was crying and said the following, 'I just can't believe Steve is having an affair! I am going to kill him!"
What is both non-hearsay and hearsay? The portion on the affair still non-hearsay offered to show motive. However, if the statement "I am going to kill him!" is offered to show that Rachel killed Steve is hearsay... the next question would be whether an exception applies???
500
Bill is shot in the back. Before he dies, John finds him. Bill, knowing he is about to die tells John, "It was Mary. She shot me." Offered to prove Mary shot Bill.
What is inadmissible. (The declarant must have personal knowledge.)
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