Hearsay Exceptions
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
What is a Present Sense Impression?
A statement offered against an opposing party, and made by the party in an individual or representative capacity.
What is an Opposing Party's Statement?
Evidence of a person's character or character trait used to prove that on a particular occasion the person acted in accordance with the character or trait.
What is Character evidence?
The rule number for an assertion that evidence is not relevant.
What is 401?
A lay witness must have ______ knowledge of a matter in order to testify to such matter.
What is "personal"?
1. made at or near the time by someone with knowledge
2. kept in the course of a regularly conducted activity of a business
3. making of the record was regular practice of that activity
4. all conditions shown by testimony of a custodian of record, or certification
5. opponent does not show that the source of information indicates a lack of trustworthiness
What are the requirements of a Business Record exception?
A statement that differs from the declarant's prior testimony, which was given under the penalty of perjury.
What is a Prior Inconsistent Statement?
In a criminal case, a ________ may offer evidence of the defendant's pertinent trait, and if admitted, the ________ may offer evidence to rebut it.
What is "defendant" and "prosecutor"?
The rule number for an assertion that evidence is relevant, however, it should be excluded for prejudicial reasons.
What is 403?
Rationally based on the witness' perception; helpful to understanding the witness' testimony; and not based on scientific, technical, or other specialized knowledge.
What are the limitations of opinion testimony by a lay witness?
A statement of the declarant's then-existing state of mind or emotional, sensory, or physical condition.
What is a Then-Existing Mental, Emotional, or Physical Condition exception?
A statement that can be used to rebut an express or implied charge that the declarant is not being truthful in his current testimony.
What is a Prior Consistent Statement?
In a _________ case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor.
What is "homicide"?
_________ evidence is not admissible.
What is "irrelevant"?
Categories that a witness must show specialization, in order to be deemed an expert.
What is knowledge, skill, experience, training, or education?
A record or statement of a public office that sets out the office's activities, a matter observed while under a legal duty to report, or factual findings from a legally authorized investigation.
What is a Public Record exception?
What is "during"?
Motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
What are permitted uses of character evidence in a criminal case?
Its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
What are reasons the court may exclude relevant evidence?
Not automatically objectionable just because it embraces an ultimate issue.
What is an opinion on an ultimate issue?
Federal contains 23, while Texas contains 24.
What is the difference between the Federal Rules of Evidence and Texas Rules of Evidence?
This condition is required to invoke a Declarant-Witness's Prior Statement exemption.
What is the declarant must testify and be subject to cross-examination?
Evidence of a witness's character may be admitted under Rules 607, 608, and ______.
What is "609"?
Evidence is relevant if it has any tendency to make a fact _____ or ______ probable than it would be without the evidence.
What is "more" or "less"?
In a criminal case, an expert witness must not state an opinion about whether the defendant did, or did not, have a _______ _______ or condition that constitutes an element of the crime charged, or of a defense.
What is "mental state"?