Hearsay 1
On direct examination, Riley Kaye testifies, "Lennox Reynolds told me he was going to fight Charlie Martin."
Which hearsay exception/exemption, if any, makes this statement admissible?
803(3)
Which rule lists hearsay exemptions?
801
Hana is called to testify by the defense about someone's performance. A civil suit is being brought by someone who bought tickets, claiming the show was god-awful and they wanted money back. Hana testifies about her years of experience acting, her various live productions/television programs, and the acting classes she's taken.
Could she testify under 702A?
Yes! Hana clearly has specialized knowledge in acting.
Nikhil is on the stand. He says, "I know Theo wanted to go home."
Is this admissible?
No - 602
During a trial, the prosecution tries to admit a memo publicized by a local politician describing the work he's done to address the bike lanes on Sheridan Road.
Which hearsay exception/exemption, if any, makes this document admissible?
803(8)
During the trial, a witness contradicts their testimony. As the cross-examiner, you impeach the witness. Which rule of evidence permits this?
801(d)(1)(A)
Orion takes the stand and says, "Well, that evening, it was going to rain really hard." And then he pointed to the grey sky.
Is this admissible?
Caleb is on the stand, testifying about Kieran. He says, "Kieran is the kindest, amazing, sweetest human being. He is perfect."
404(a)(1)
There is a group of students at Northwestern who are stealing and selling copies of the ECON 110 exam every year. One year, they decided to start selling cookies to go along with the tests. The cookies don't sell well, and they never sell them again. They are caught doing it, and a list of students who have purchased cookies and tests from them is brought up in court. The list includes dates for each entry.
Which hearsay exception/exemption, if any, would make the document admissible?
NONE - Selling cookies is not a regular practice of the business, so it is not admissible under 803(6)(b).
While on her deathbed, Rie says, "Lillian gave me 3 scoops of oxalic acid!"
Which hearsay exception/exemption, if any, makes this statement admissible?
804(b)(2)
Davi is on trial for killing Jordyn. The prosecution is pursuing a charge of reckless murder. An expert witness says, "Davi could not have understood the danger of putting rodenticide in Jordyn's Stanley Cup."
Is this inadmissible or admissible? Why?
Yes - 704(b)
Tara and Claire like to go to the movies together every Friday at 4 pm to see Wicked. In a trial, a movie theatre employee testifies that he saw Tara at the movie the prior 30 Fridays at 4pm, trying to prove she was there the following Friday.
Is this admissible?
406
Téa gets robbed by Eshaan. Three years later, she sees a picture of her purse on Instagram. She says, "Oh my god, this is the purse that got stolen!"
Which hearsay exception/exemption, if any, makes this testimony admissible?
803(2) - Excited Utterance
Hayden, Tahlia, and Jaelyn are all talking. Hayden says, "I know Tahlia cheated on her last science test". Tahlia stares blankly.
What hearsay exception/exemption, if any, makes Hayden's statement admissible?
801(d)(2)(B)
Is this admissible? Why or why not?
Inadmissible under 802. Per Richards v. Mississippi BBQ. Not protected by 703
The last 5 times Chloe has gone to the movie theatre, she sneaks in her own food. Currently, she is being charged with theft for stealing a box of popcorn.
Is this admissible? Why or why not?
No - 404(b)(1)
You are in a doctor's office. The doctor looks at you with an unfortunate expression and tells you that you have potassium poisoning!
What exception/exemption, if any, makes this statement admissible?
NONE
Why is this statement admissible?
It is not! Tara didn't kill Rand to prevent him from testifying. Tahj can't just repeat what Rand has said.
Bohan is testifying as an expert in photography. After laying all the 702 foundation, she states her conclusion. Opposing party objections LOF.
Is this proper?
No - under 705 experts do not need to testify to all the underlying facts and data before stating their conclusion
Former President (and current phenomenal coach) is testifying about math. On cross-examination, an attorney brings up how he was convicted of fraud in 2014.
Which rules are implicated by this?
609(b)