Art. 401-403
What Is Relevant Evidence under art. 401?
Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence
What is a declarant?
Person who makes a statement (OG person ,an out of court statement)
Who is the fact finder?
-The judge and the jury are the fact finders
Name the first 5 Heaersay exceptions under 803
1. Present sense impression
2. excited utterance
3.then existing mental, physical , emotional condition
4. Statements for medical treatment and statements
5. recorded recollection
Under art. 804 A what does the term unavailability mean?
A. When the declarant Cannot or will not appear in court and testify
B. Is exempted by ruling of the court on the grounds of privilege from testifying concerning the subject matter of his statement
C. Testifies to a lack of memory of the subject matter of his statement
D. Is unable to be present or testify because of death or then existing physical or mental illness, infirmity or other sufficient cause
All of the above
What Evidence is admissible under Art. 402?
All relevant evidence is admissible, except as otherwise prevented by the constitution of the U.S., constitution of LA, this code of evidence, or other legislation
What is hearsay?
A statement, other than one made by the declarant while testing at a trial or hearing, offered in evidence to prove the truth of the matter asserted
What are the two components of a proper objection?
Timely
Specific
Under the exceptions to the hearsay rule, past recollections recorded require the following:
A memorandum or record
Concerning a matter about what a witness once had knowledge
But now has insufficient recollections
All of the above
All of the above
Rocket has just finished taking the bar exam. He decide to hang out in New Orleans in the french quarter. Rocket is approached in the rear by a robber who places a gun to rockets back. He tells Rocket to give him all his money and Rocket complies. As the robber is walking away, Rocket follows him and his shot by the robber. Sue elle sees rocket on the ground and comes to his rescue. When she gets to rocket the only thing he says is “The only thing i wanna do is live to make sure I pass the LA bar exam”.
No, the statement is not a dying declaration bc the declarant is not unavailable
No the statement is not a dying declaration bc the declarant does not believe his death is imminent
The statement does not concern the cause or circumstances of what rocket believes to be his impending death
None of the above
The statement does not concern the cause or circumstances of what rocket believes to be his impending death
What evidence may be excluded under art. 403?
Although relevant , evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice confusion of the issues, misleading the jury, or by considerations of undue delay, or waste of time
Which of the following is not considered hearsay under 801 (D)(1)?
A. a statement made by a party opponent
B. prior inconsistent statement made under oath
C. statement made to a police officer
D. a prior identification made to perceive someone
D. a prior identification made to perceive someone
Identify at least 5 different objections
-hearsay
-speculation
-relevance
-Lack of foundation
-Argumentative
-Beyond the scope
-leading the witness
Marianne and Solita have been dating for the last three years. Marianne tells Solita that her boss has been pressuring her to work overtime. Marianne is frustrated by the pressure and one night after having a requirement to work overtime, Marianne gets in her car and takes off at an unusually high rate of speed. Marianne loses control of her vehicle and crashes into a ravine. She is taken to the hospital and during the initial hospital interview, she tells the doctor that the reason she lost control of her vehicle is bc her boss forced her to work overtime and the stress of the overtime work was too demanding causing her to black out and lose control. If marianna attorney wishes to introduce the statements made by marianne to her doctor during the initial medical interview, those statements qualify under which hearsay exception?
803(5)
803(2)
803(9)
803(3)
803(3)
Rocket has just finished taking the bar exam. He decide to hang out in New Orleans in the french quarter. Rocket is approached in the rear by a robber who places a gun to rockets back. He tells Rocket to give him all his money and Rocket complies. As the robber is walking away, Rocket follows him and his shot by the robber. Sue elle sees rocket on the ground and comes to his rescue. When she gets to rocket the only thing he says is “The only thing i wanna do is live to make sure I pass the LA bar exam”.
No, the statement is not a dying declaration bc the declarant is not unavailable
No the statement is not a dying declaration bc the declarant does not believe his death is imminent
The statement does not concern the cause or circumstances of what rocket believes to be his impending death
None of the above
The statement does not concern the cause or circumstances of what rocket believes to be his impending death
Who determines whether evidence is relevant and whether or not it bears a rational connection to the facts and issue?
The trial judge determines
Name Each exemption under 801(d)(1) {A-E}
-Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is:
A. inconsistent with his testimony
B. Consistent with his testimony
C. One of identification of a person made after perceiving the person
D. one of initial complaint of sexually assaultive behavior.
E. healthcare provider during the course of a forensic medical examination
What are the three types of burden of proof in criminal law?
1.Beyond a reasonable doubt
2.Clear and convincing evidence
3 Preponderance of the evidence
Eleanor has met Jonathan and they are about to be married. For 27 years jonathan believed that he was 25 years old born on october 5, 1996. When him and his wife applied for a marriage license a discrepancy evolved regarding his DOB. Jonathan hires an attorney to prove he was only 25 years old. At the hearing jonathan calls the director or public records form new orleans who obtains all birth records for children born in louisiana. Even though Jonathan maintains hes 25, the records suggest he is 29. Eleanor then asked jonathan to accept that fact that he is 29 and he refuses. What hearsay exception under article 803 provides a means by which eleanor can prove and jonathan must accept his actual or factual DOB.
Public records of vital statistics
Recorded recollection
An excited utterance
Public records of vital statistics
. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. This provision is found under article:
804(b)(2)
804(B)(3)
803(b)(10)
802(b)(1)
804(B)(3)
What is a motion in limine and what is it designed to be used for?
A pretrial request that certain inadmissible evidence not be referred to or offered at trial. It is the most powerful tool defense counsel can use. Found in articles 101 and 103 of the code of evidence. = At the threshold (at the beginning)
Dr. John thompson has been called to testify at the sexual assault trial of Mrs. Bernice. During Dr. Thompson's testimony, he begins to talk about the forensic evaluation of Mrs. Bernice. When he starts to talk about What Ms. Bernice told him during the forensic medical examination, defense counsel objects. Are the statements made by Ms. Bernice that dr. Thompson took notes on and submitted those notes in writing during the forensic medical evaluation , are they considered hearsay? Any Exceptions?
According to article 801(D)(1)(e), a statement made by the victim of a sexually oriented criminal offense to a healthcare provider during the course of a forensic medical examination, as defined in the revised statutes, and the healthcare provider has documented that statement, in writing during the course of the forensic medical examination is admissible as no hearsay
What are judicially noticed facts and what are the three components?
A judicially noticed fact is a fact not subject to reasonable dispute. The three components of a judicially noticed fact are
1. Not subject to reasonable dispute
2. Generally known within the territorial district of the trial court
3. Capable of accurate and ready determination by resort to sources whose accuracy cannot be reasonably questioned
The rationale for an excited utterance is?
The declarant is Calm
Statement is spontaneous
Declarant is under oath
Statement is recorded
Statement is spontaneous
As it relates to statements regarding impending death ,what are the factors used to determine if a person believes his death was imminent?
Declarants own words,Nature of the wounds, Whether others were present, The time between the wound and the injury, The opinion of a physician, Any other factor that the declarant has abandoned all hopes of recovery