Weigh it Out!
Plaintiff wants to introduce crime-scene photos showing the victim's body and documenting the scene.
Admitted. Relevant & high probative value with minimal unfair prejudice
As proof that the store manager knew the shelf was unstable, testimony that an employee told the manager, "This whole section has been wobbling all morning."
Not hearsay - effect on listener
While watching the collision, a bystander says, "The blue car just swerved into him!"
Present Sense Impression
A deposition witness died after being attacked by a cat. The prosecution now offers the deposition at trial.
Former Testimony
During cross, counsel asks the eyewitness: "Isn't it true that you're being paid $1,000,000,000 by the plaintiff to appear today?"
Bias
Plaintiff wants to introduce 17 nearly identifical photos of the same property damage from different angles
Excluded - needlessly cumulative
Offered to prove that the door was locked, a witness says: "He tried the handle and shook his head."
HEARSAY! - assertive conduct
One minute after being rear-ended and still crying, the driver exclaims, "He came out of nowhere!"
Excited utterance
A stab victim says, "Ethan shot me," while saying, "I'm not going to make it." Ethan is then charged with murder, and the prosecution wants to use the victim's statement.
Dying Declaration
A witness claims that she clearly saw the suspect's face from across the street at midnight. Counsel asks: "You weren't wearing your prescription glasses that night, right?"
Incapacity
Plaintiff wants to introduce a 45-minute documentary about the dangers of distracted driving in general.
Excluded - waste of time + confusing the issues
Offered to prove that his rent payment was overdue, a tenant testifies that he told his landlord, "I think my online payment didn't go through."
HEARSAY! - offered to prove the matter asserted
Offered to prove that the knee pain began after a fall, a surgeon testifies that the patient said: "My knee has been locking ever since I slipped and fell last week."
Statement for medical diagnosis or treatment
A man who is now invoking the 5th told a friend, "Those drugs were mine."
Statement Against Interest
A witness testifies that the defendant "punched first." Counsel asks: "Didn't you tell police that you didn't actually see the first punch?"
Inconsistency
Excluded - risk of misleading jury & low probative value
Offered to prove that X resigned, a witness testifies that she saw X write "I quit" on a sticky note and leave it on the counter."
Not hearsay - Verbal act
Offered to prove that the student felt good about the exam, a witness testifies that the student said, "Yes! I got an A on that exam!"
Then-existing state of mind
Defendant paid a witness to "get the hell out of town until the trial is over." The witness vanished and the witness's prior statements are offered into evidence.
Forfeiture by Wrongdoing
A witness insists that the accident happened during heavy rain. Counsel shows certified weather data proving zero precipitation that day.
Specific contradiction (Dual relevancy!)
Plaintiff in a products liability case wants to show a video of unrelated consumer injuries involving different products.
Excluded - misleading the jury/confusion of issues
Offered to prove that the store clerk was afraid, a bystander testifies that, "She started shaking when he walked in."
Not hearsay - nonassertive conduct
The witness can't remember the details of the collision, so the prosecution wants to read the witness's written statement made on the day of the accident.
Past Recollection Recorded
The declarant told officers, "Those weapons were mine." He then says, "They can't pin anything on me anyway, so I'm not worried." The declarant is now missing and the prosecution wants to admit these statements.
TRICK QUESTION - NOT a statement against interest because the declarant thinks there is no risk involved.
The prosecution wants to impeach a witness with a misdemeanor conviction for using a fake ID.
Dishonesty - prior conviction (misdemeanor, but truthfulness as an element)