Excuse me, that's not hearsay?
A witness testifies for the prosecution that she heard the defendant say, "I own that car." Is this statement hearsay if offered to prove ownership?
what is no, under FRE 801(d)(2) - opposing party's statement
A person shouts, "Oh my Gosh the building is on fire!". Can this statement be admitted?
What is yes as an excited utterance
In a counterclaim for breach of contract dispute based on ambiguity of the terms, the defendant wants to show that the plaintiff agreed to the contract terms despite its ambiguity and was okay with clarifying the terms at a later date. The defendant wants to admit the mediator's notes from one of the meetings between the plaintiff and defendant that says "both parties agreed the contract was ambiguous but would provide clarity later." The defendant offers the note as evidence that the the plaintiff knew that the contract was ambiguous and that the contract was subject to modification at a later date. Is this admissible hearsay?
what is the notes are inadmissible hearsay because it does not satisfy the business record exception, but may be admissible under a limiting instruction for the defendants second objective, to show that the contract was subject to modification and therefore not finalized.
A hospitals logbook is offered to show a patient's admission date. Can this be admitted?
what is yes because its a business record
A witness is deceased, but their testimony from a previous trial is offered. is this admissible?
what is yes, former testimony
A police officer testifies that a victim pointed at the defendant during a lineup. Is this hearsay if offered to show identification?
What is yes its hearsay but FRE 801(d)(1)(C) applies: if the declarant testifies and is subject to cross about a prior statement and the statement identifies a person as someone the declarant perceived earlier
Sarah suffers from a seizures during her evidence exam. On the way to the hospital Sarah tells her friend "When I was a child I fell down and hit my head; ever since then I have suffered seizures in times of stress." Can this evidence be admitted?
What is no under FRE 803(4) the statement is made to a friend which is inapplicable for seeking medical treatment
Ted is a mechanic who works for a local car shop. Ted is being sued for negligence after a customer was hurt from a repair job that Ted did. The customer claims that Ted did not tighten the screws on the steering wheel tight enough causing the steering wheel to fall off when the customer was driving. Ted calls his colleague Martha, another mechanic to testify. Martha testifies that Ted is a professional steering wheel repairmen and that he always tightens the wheel and does a test drive before returning the car. Is Martha's testimony admissible?
what is not hearsay at all but instead habit evidence and is therefore admissible
A police report is introduced to show the time of an arrest. Is this admissible?
what is yes, public records
A contractor admits, 'I cut corners on the wiring to save money." but later flees the country. Can this statement be used in a lawsuit against the contractors family owned business?
what is yes, statement against interest
In a dispute between a wife and her husband's life insurance company, the wife calls a witness to testify that before the husband died, he told the witness "I just got an awesome promotion at work" the husband died the next day from eating poisonous mushrooms. The insurance company claims the husband committed suicide and suicide is not covered under his policy and therefore the wife is not entitled to benefits, the wife offers this statement to show her husband was not suicidal. is it hearsay?
What is yes the statement is hearsay but falls under the state of mind exception. The wife is showing that the husband did not have the state of mind of someone who is contemplating suicide.
Harry was stabbed by an intruder in his apartment. His roommate Dale came home to find Harry lying on the ground when Harry said "Call an ambulance, I was stabbed with a pocket-knife." Dale became quite upset and in a panic called the 911 operator stating: "Please come quick my friend has been stabbed and its blood everywhere". At trial the operator is being called to testify Dale's statement. Is this admissible hearsay?
what is yes under hearsay within hearsay
An expert cites a study that says, "most arsonists use gasoline," but the study's author is unavailable. Can the expert rely on it?
what is yes, bases of an expert
In a federal fraud case, the defendant's worked together to create a fake investment scheme. As part of their scheme the defendants hosted a series of investment seminars where participants had to pay $1K to attend. At trial, the prosecution ask the witness's who attended the seminars to read the notes they had taken at the seminars. The defendant's attorney objects as inadmissible hearsay. Is the attorney correct?
What is yes. Although the notes would qualify as a recorded recollection, the prosecution made no attempt to establish that the witness's lacked independent recall of the events at the seminars.
A shooting victim shouts "It was Alex... he shot me, I'll wait for him in hell" then losses consciousness and is placed into a medical coma, the victim dies 48 hours later. Can this be admitted?
what is yes, dying declaration
In a defamation suit against a major newspaper company. The plaintiff calls the managing editor of the company to testify against the defendant that an employee, a journalist, said "Despite not factchecking my sources, I still think the article is worth publishing for awareness." Is this admissible hearsay?
what is yes this is hearsay exception rule 801(d)(2)(D) - statement by agent or employee
Andre is shot in the hand, he is screaming and crying in the ambulance saying that his life is over now that he has lost his hand. The EMT reassures Andre he will be okay. Andre is drifting in and out of consciousness from shock, claiming that he is seeing the white light. Andre states "it was Adam who shot me" Is this statement admissible hearsay?
what is no under FRE 804(b)(4) the declarant must believe death is imminent.
A witness testifies in a federal a federal murder trial: "I saw the defendant that day at noon." The defendant in the case is then acquitted and the same case is later filed in state court under a wrongful death suit. The same witness is called to testify but states that they never saw the defendant that day. The plaintiff wants to admit the court transcript from the federal trial to impeach the witness and to place the defendant at the time of the murder. Is this admissible hearsay?
what is, the transcript is not hearsay under 801(d)(1)(A) where the inconsistent statement was made by a declarant who is subject to cross-examination but it is admissible. Under 613, the transcript is considered extrinsic evidence because it evidence other than testimony from the witness currently on the stand. However, the transcript is a non collateral matter because it is offered to prove impeachment and a fact of consequence (placing the defendant at the murder)
A secretary writes sticky notes for her boss and leaves it on his computer for him to reminder important meetings. The boss wants to admit this in his divorce proceeding to prove that he was not cheating on his wife and was actually in meetings. can this be admitted?
what is no, business records must be conducted in the regular routine practice of the business
A witness testifies in a preliminary hearing, but later refuses to testify at trial, for fear of being arrested. Can their prior testimony be admitted?
what is, yes under former testimony and unavailability because of privilege
A co-defendant in a robbery trial testifies that the defendant expressed to her "With this money from the bank, I can buy an Elizabeth Taylor diamond ring" in the car after the robbery. The statement is being offered to prove that the defendant did rob the bank. Is this admissible hearsay?
what is no. Although the statement is hearsay it is not admissible because it does not fall within the statement by co-conspirator exception which states that the statement must be during and in furtherance of the conspiracy, this was made afterwards
This would also not be "state of mind" because that requires a contemporaneous expression of an internal state that is analogous to the immediate reporting of an external event, here the statement was made AFTER the external event, the robbery.
A business record is offered in court for the truth of the matter asserted, but the person who created it is unavailable. can it be admitted?
what is yes because 803 exceptions apply whether or not the declarant is available
A defendant, a government official, is on trial for bribing a federal judge to discard his daughters arrest record. The federal judge happens to be the government officials longtime best friend. The prosecution offers the defendant's text message sent to the federal judge: "I'll pay 10K, if you do me a HUGE favor!." The defendant claims that the text message is related to a another personal matter between the two friends. What should be the outcome?
what is, allow the statement under party's admission hearsay exception but the defendant should ask for a rule of completeness to prove that the statement was in regard to another subject matter
Terry Perrin was involved in an altercation with Troopers Von Schriltz and Anderson of the Oklahoma State Police, which ended with Trooper Anderson shooting and killing Perrin. As part of their normal internal procedures, the Oklahoma Department of Public Safety convened a Shooting Review Board to investigate the incident. The Board issued a report which concluded that there was “no doubt that [Anderson] acted within the guidelines set forth in the Policies and Procedures Manual.” Perrin’s widow sued the Troopers for violating Perrin’s civil rights. At trial, the Troopers introduced the Shooting Review Board report. Was this admissible?
what is the report is a public record
A defendant is accused of murder. Before trial the prosecution learns that the defendant's brother has gone missing. A letter was found at the brother's home from the defendant's elderly mother with a note that says "we should talk". Can the prosecution admit this as evidence?
what is no, under forfeiture there are no facts to suggest the intent was to cause the brother to go missing.