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?
What is the rule for relevant evidence?
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"?
When can a judge exclude relevant evidence?
A trial judge has broad discretion to exclude relevant evidence if it's probative value is substantially outweighed by the danger of more or more of the following considerations:
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?
When can the prosecution cross-examine the defendant's character witness with specific acts of the defendant that show the defendant's bad character in for trait question.
Once the defendant opens the door by introducing character evidence, the prosecution can cross-examine the defendant's character witness by asking "Have you heard" to Did you know questions about the defendant's bad character in for trait question.
What is habit/business routine evidence rule?
Evidence of a person's habit (or evidence of the routine practice of an organization) is admissible as admissible as circumstantial evidence that the person (or organization) acted in accordance with that habit on the occasion at issue in the case.
Habit describes a person's regular response to a specific set of circumstances. There are two defining characteristics:
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?
Are statements made by co-conspirator during and in furtherance of the conspiracy, partners, and co-parties admissible?
No, co-party statements are not sufficient, thus not admissible.
Statements by co-conspirator during and in furtherance of the conspiracy and by partners are admissible.
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?
What is the Substantially Similar Circumstances rule?
Not automatically objectionable just because it embraces an ultimate issue.
What is an opinion on an ultimate issue?
What are the five Hearsay exceptions when unavailability is required?
(1) Former testimony
(2) statement against interest
(3) Dying Declaration
(4) Statement of Personal or Family History
(5) Statement Offered Against Party Procuring Declarant's Unavailability
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?
What are the exceptions to the admitting the rape victim's past behavior in a civil case.
Exceptions in Civil Case: evidence of the alleged V's sexual behavior is admissible if its not excluded by any other rule and its probative value substantially outweighs the danger of harm to the V and unfair prejudice to any party.
Is evidence of sales of similar personal or real property is admissible to show value of the property?
Yes, but it must be sold around the same time period.
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"?