Hearsay Series
Why isn't testifying to a question hearsay?
Not used for it's truth value
What is Joadie Thom's testimony used to prove?
That there was a reasonable legal alternative to parking at hope options.
What is the one thing the prosecution MUST prove to meet all three burdens?
The crime was committed in Washington State.
Define hearsay objection and rule number
An out of court statement being used in court for the truth of the matter, asserted. (801)
Lynn: "Chriss had a orange cable connected to Tearman's power source two week before the incident."
Relevance (401) More Prejudicial than Probative (403) -- why might the date be important?
The exception and rule number for when a statement made by a person is offered against them, and they are a representative of one side of the trial.
801(D)2 Opposing Party Statement.
Bonus Points: Only one witness this year counts as an "opposing party." Who is it?
Name all the burdens in the case and the level of the burden of proof (For both pros and defense)
Pros: Residential Burglarly, Burg 2, Malicious Mischief (Beyond a Reasonable Doubt)
Def: Necessity (Preponderance)
What sum of money constitutes Malicious Mischief, and what jury instruction is this?
$750.00; #9 Section 1
Define ultimate opinion and its rule number.
An expert may not give an opinion that a witness had a mental state or condition that constitutes an element of the crime OR: A witness' statement invades the province of a jury (704).
Attorney: "What did Chriss Gardener do at your property on the night of September 29th?"
Speculation/Lacks PK (602) - Be careful
Lay Witness Opinion (701)
Create an example for a situation that would not be hearsay due to the effect on the listener
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What can Lynn's testimony on 'laughing' and 'rocking' be used to prove?
Malicious Intent
What evidence can be used by the jury to weigh a witness' trustworthiness? (Name at least one for points)
Credibility, bias, personal knowledge, quality of memory, personal stake in case.
Define more prejudicial than probative and its rule number.
Evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice. (403)
Kip: "Chriss Gardener was such a bad tenant and always came home late-- it's no surprise she was also late on September 29th."
Character Evidence (404)
A hearsay exception and rule number for somebody talking about plans
803(3) Then Existing Mental, Emotional, or Physical Condition
Which witnesses affidavit explicitly proves the crime happened in Washington State?
Kip Tearman: "Washington's First Suburb"
What jury instruction makes testimony about housing options relevant?
#17, Section 4 - "No reasonable legal alternative existed."
Give POSSIBLE three ways to respond to relevance.
"Bar is extremely low"
"This is related to my case because...."
"Laying foundation for...."
"Credibility/bias/relationship"
Pat: "I arrived at the scene to investigate Chriss Gardener's burglary into Hope Options."
Ultimate Opinion (704) More Prejudicial than Probative (403)
What is one hearsay exception that can be made when the declarant is unable to testify?
Related to circumstances of death, offered against declarant, related to will, etc. (804 series)
Why are Chriss Gardener's feelings at the time of the crime important to prove?
To establish intent/necessity.
Why can broken windows count as damages even if the property has already been turned over?
DOUBLE POINTS for naming jury instruction.
"Physical damage, includes diminution in the value of any property or the cost to repair any physical damage." JI #16
Explain what makes a question argumentative
When the attorney attempts to get the witness to agree with an interpretation of facts, not facts themself.
Attorney: "So you had to physically restrain an enraged Kip Tearman from attacking Chriss?"
Just put this one in for fun, could be More Prejudicial than Probative (403,) Relevance (401), Argumentative, Speculation (602), Compound, etc.
Somebody try responding!