Term
| Definition of a Statement |
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Definition
| a person's oral assertion, written, assertion, or nonverbal conduct, iif the person intended it as an assertion. 801(a) |
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Term
| Definition of a Declarant |
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Definition
| the person who made the statement 801(b) |
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Term
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Definition
(1) The declarant does not make while testifying at the current trial or hearing; and
(2)a party offers in evidence to prove the truth of the matter asserted in the statement.
801(c) |
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Term
| Statements that are not hearsay: Prior Inconsistent |
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Definition
The declarant testifies and is subject to cross-x about a prior statement and the statement is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a depositions
801(d)(1)(A) |
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Term
| Statements that are not hearsay: Prior Consistent |
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Definition
The declarant testifies and is subject to cross-x about a prior statement and the statement is consistent with the declarant's testimony and is offered t rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying.
801(d)(1)(B) |
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Term
| Statements that are not hearsay: Identification |
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Definition
The declarant testifies and is subject to cross-x about a prior statement and the statement identifies a person as someone the declarant perceived earlier.
801(d)(1)(C) |
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Term
Statements that are not hearsay: An opposing party's statement
The statement is offered against an opposing party and was made by the party.. |
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Definition
in an individual or representative capacity
801(d)(2)(A) |
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Term
Statements that are not hearsay: An opposing party's statement
The statement is offered against an opposing party and is one the party manifested... |
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Definition
that it adopted or believed to be true
801(d)(2)(B) |
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Term
Statements that are not hearsay: An opposing party's statement
The statement is offered against an opposing party and was made by a person whom the party authorized... |
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Definition
to make a statement on the subject
801(d)(2)(C) |
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Term
Statements that are not hearsay: An opposing party's statement
The statement is offered against an opposing party and was made by the party's agent... |
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Definition
or employee on a matter within the scope of that relationship and while it existed
801(d)(2)(D) |
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Term
Statements that are not hearsay: An opposing party's statement
The statement is offered against an opposing party and was made or was made by the party's conspirator... |
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Definition
during and in furtherance of the conspiracy
801(d)(2)(E) |
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Term
| Establish the declarant's authority |
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Definition
| The statement must be considered but does not by itself estblish the declarant's authority under (C), the existence or scope of the relationship under (D); or the existence of the conspiracy or particular in it under (E). |
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Term
| The rule against hearsay (or when is hearsay not admissible) |
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Definition
Hearsay is not admissible unless any of the following provides otherwise:
-A federal statue
-These rules
-other rules prescribed by the supreme court
802 |
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Term
| A statment is not hearsay unless it goes to prove __________? |
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Definition
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Term
Is this statement hearsay?
In an action for slander Professor P sues Student X; W testifies that “In class, X said to the class that P gave her a higher grade in return for sexual favors” |
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Definition
| This is not hearsay because the statement was offered merely to prove that something slanderous was said; it was not used to prove that P gave X a higher grade for performing sexual favors |
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Term
| P sued D for personal injuries sustained in an auto accident; the complaint is that D drove a car with defective breaks and that D knew the brakes were defective; D testifies that the mechanic told him that “everything is okay with the car” |
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Definition
Regarding the allegation that D was driving a car with defective breaks, the statement is hearsay because it is used to prove the truth of the matter asserted
Regarding the assertion that D knew the breaks were defective, the statement is not hearsay because the mechanic’s comment to D is being used to prove that D was not on notice, it is not being used to prove the truth of the conditions of the breaks |
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Term
| What are the 4 reasons we generally want to exclude hearsay? |
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Definition
1) Memory - the person who made the statment may not remember, but we cannot cross-x that person
2)Accuracy - the person testifying may not be accurate
3) Preception - the person testifying did not acutally see or experience what happened
4) Sincerity - If you can't cross-x the person who made the statement, we can't tell if they were being truthful |
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Term
| Hannah saw an accident and told Bil right after the accident and two weeks later Bill told me, which statments can be admitted and who can testify? |
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Definition
Hannah - can tesify
Bill - possibly if Hannah is unavialble or qualifies as an excpetion
Me - not at all |
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Term
| If your trying to prove the statement was made, not its truthfulness, what are the hearsay issues? |
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Definition
| None, hearsay only appleis to statements that go towards the truthfulness of the statement. |
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Term
| It it more likely to be hearsay if its an implied assertion or a direct assertion? |
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Definition
Direct is more likely be hearsay, because the statement was intended towards what transpired.
An indirect statement was not intended to go towards whatever happen but was made in response to a different issue and might therefore be allowed in. |
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