Hearsay
What is the definition of Hearsay
Out-of-court statement being used to prove the truth of the matter asserted
What is the number for all Hearsay Exceptions?
803
What MRE Number is Speculation?
602
What objection is 401?
Relevence
What MRE number is Hearsay?
801
What is 803(3)
Then-Existing Mental, Emotional, or Physical Condition.
An attorney asks a lay witness on the stand: "Do you think the driver was probably speeding because he was late for a date?" Is this speculation? (Needs why)
Yes, a lay witness cannot speculate into the mindset of someone else.
What is the bar for 403?
The bar is "substantially outweigh," so it's a very high bar
True of False, This statement is Hearsay: "I heard Officer Weaver say that the pole looked fine."
True
True or False, this quote falls under 803(1): "Eva told Jenny about the Ice Cream Sundae Bar in Paresky today"
False
An attorney asks a lay witness: "When Sarah slammed the door and yelled, was she angry about getting passed over for the promotion?" Is this speculation?(Needs why)
Yes, a lay witness can testify to the fact Sarah was angry, but they cannot testify to why she was angry
Name 2 objections that would fall under 403?
Two of these: More prejudicial than probative, unfair prejudice, needlessly cumulative, misleading the jury, confusing the issues, undue delay, wasting time.
True of False, this statement is Hearsay: "I heard Officer Weaver ask Landon if he was ok."
False, questions cannot be used to prove the truth of the matter asserted.
What type of event/condition has to happen to constitute a 803(2) Excited Utterance exception?
Startling event or condition
An attorney asks a witness: "Based on the fact that Landon Norris was stumbling, slurring his words, and smelled like beer, did he appear to be intoxicated to you?" Is this speculation? (Needs why)
No, under the rules of evidence, a lay witness is allowed to give an opinion if it is "rationally based on the witness's perception."
What type of witness is exempt from the speculation rule and allowed to answer hypothetical questions? (And under what rule are they exempt).
An Expert Witness (under MRE 702).
Why is the Plaintiff allowed to enter all statements from MG&E Employees? (Number and Name of rule)
801d(2): Opposing Party Statement
Name 803(6), how many prongs there are, and are they "and" or "or" prongs?
803(6) is Records of a Regularly Conducted Activity, there are 5 prongs and they are "and" prongs
A lay witness sees a car crash, the attorney asks: "If the defendant's car had been equipped with brand-new anti-lock brakes, do you think he would have been able to stop in time?" Is this speculation? (Needs why)
Yes. This is a hypothetical question that goes far beyond the lay witness's personal knowledge. Only an expert with expertise in this field could testify to this.
What objection is MRE 1002 and what can you object to?
Best Evidence: requires the original document to prove its contents.