A statement describing or explaining an event or condition, made while or immediately after in a spontaneous manner
What is Excited Utterance / Spontaneous Exclamation
A statement of the declarant’s then-existing state of mind, or emotional, sensory, or physical condition, but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
What is Then Existing, Mental, Emotional, or Physical Condition
“I always thought that Aud Raysau was involved with some illegal business.”
What is Speculation
A statement inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition
What is Prior Inconsistent Statement
Lee Way: “Captain Jack had something mentally wrong with him because other wise he wouldn’t lie about what happened that night.”
What is Testimony by non expert
TRUE OR FALSE
Expert witnesses can rely on hearsay to make their claims.
TRUE
“Yesterday morning, the clerk was being so inattentive and just not doing his job properly at all."
What is Characterization / Speculation
WITNESS DID NOT SEE OR DOES NOT KNOW ABOUT THE FACTS, AND THEREFORE, CANNOT GIVE TESTIMONY WITHOUT SPECULATING
What is Unqualified Opinion
TRUE. DO NOT WAIT
A reputation among a person’s associates or in the community concerning the person’s character.
What is Reputation Concerning Character
"I know she killed him yesterday, because I saw her kill someone else just 2 years ago!"
What is Prior Instances of Conduct