Hearsay Exceptions
This exception shows the declarant's then existing ____, emotion, or physical condition
State of mind
Specializing in all things mushrooms, self proclaimed "fun guy" went to UC Berkley and Davis for their education.
DR. Renn Dunne
An out of court statement used for the truth of the matter asserted
Hearsay
This inappropriate type of question containing more than one question may be asked by opposing council on DX
Compound Question
a _____ made by the witness that is _____ with the witness's trial testimony
Prior Inconsistent Statement
An expert can only testify if all of the qualifications are met: special knowledge, skill, experience, training, education in a subject beyond reasonable education.
False
A witness cites material facts outside of the case packet in their testimony
Unfair Extrapolation
This inappropriate type of question calls for the witness to tell a story
Narrative
A statement made by a dying person about the cause/circumstances of their death
Dying Declaration
Commonly confused with expert testimony, this inappropriate type of testimony calls for inferences and other subjective statements from the witness.
Opinion Testimony
The incorrect establishment of proper ____ regarding the relevance of a DX or circumstantial evidence
Lack of Foundation
On cross exam in order to add emphasis answers opposing council may incorrectly re-ask a question in which an answer has already been recorded
Asked and Answered
statements made by a declarant while participating in a conspiracy to commit a civil or crime wrong
Co-Conspirator statements
Experts can give opinions on this type of issue in trial which others cannot
Ultimate Issue
A witness may not testify to anything the witness has no personal knowledge of
Speculation
This inappropriate type of question calls for an unclear question on DX or CX
Vague and Ambiguous
A statement offered against a party, that the party, with knowledge of the content of that statement, has by words or other conduct adopted as true
Adoptive admission
An expert needs these qualifications in order to. be considered an expert witness.
Special Knowledge, skill experience, training, or education in a subject beyond normal experience
More Prejudicial than Probative
This inappropriate type of question will only be encountered when your witness is being cross examined
Outside the scope of CX