HEARSAY

HEARSAY 101

100

Hearsay explained

What is is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated?

200

A statement (in re: to hearsay)

What is an (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by them as a substitute for oral or written verbal expression? 

300

Most common exceptions to the hearsay rule

What is 1) state of mind 2) party admissions 3) business records 

Types of Hearsay - Common

100

State of Mind

Statements of intent, plan, motive, design, feeling, that prove a declarants state of mind, emotion, pr physical sensation at that time or any other time OR explain acts or conduct of the declarant

200

Trustworthiness limitation

What is a state of mind hearsay statement is inadmissible if circumstances indicate a lack of trustworthiness?

300

Party Admissions

What is a type of impeachment --- inconsistent with the trial position of a party?

Hearsay - Rare

100

CHILD NEGLECT AND ABUSE

A statement in a criminal prosecution when a victim is a minor and statement was made when the child is under the age of 12

200

FAMILY HISTORY

What as evidence of a statement by a declarant who is unavailable that proves birth, marriage or divorce, parent and child relationship, etc? 

300

Dying Declaration

What is a statement made upon declarant's personal knowledge about circumstances of death, made under a sense of immediately impending death and the declarant does indeed die?

Business Records

100

Opinions

What is opinions are not acts, conditions, or events (e.g. a doctors diagnosis is not admissible)?

200

Standard of Proof

What is 1) the record was prepared in the regular course of business 2) record was made at or near the time of the act, condition, or event 3) the specific identity of the record and mode of preparation via a custodian and 4) the sources of information and the method and time of preparation were such as to indicate trustworthiness?

300

Absence entry

To prove non-occurence of act, condition, or event, must prove 1) making and preserving records of such acts was in the regular course of business and 2) absence of such a record is a trustworthy indication the event did not occur.