Term
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Definition
verbal acts
effect on listener
declarant's state of mind |
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Term
| Prior statements of witness which are NOT considered hearsay |
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Definition
prior inconsistent statements given under oath at a trial, hearing, other proceeding or deposition
prior consistent statements to rebut charge of recent fabrication or improper influence or motive
prior statement of ID made by witness (witness must be at that the proceeding now) |
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Term
Exceptions to hearsay
Which "exception" is actually considered non-hearsay under the rules? |
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Definition
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Term
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Definition
| declaration of a party offered against the party |
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Term
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Definition
testimony given in earlier proceeding by person now unavailable to testimont is admissible if:
1. party against whom it is offered had an opportunity to examine that person at earlier proceeding
and
2. motive for examination was similar
(civil cases: party against whom it is offered was in privity with a party to earlier proceeding who had opportunity and similar motive) |
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Term
| statement against interest |
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Definition
| declaration of a person (any person) now unavailable as a witness, against that person's pecuniary, proprietary or penal interest AT THE TIME the statement was made |
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Term
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Definition
statement made under a sense of impending death
declarant must be unavailable at the time of trial
only in civil or homicide cases |
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Term
| declaration of existing state of mind in issue is a hearsay exception |
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Definition
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Term
declaration of existing intent to do something in the future offered to infer that the intended future act was done
this is a hearsay exception |
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Definition
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Term
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Definition
| statement relating to startling event or condition is admissible when made while declarant was still under the stree of excitement caused by event or condition |
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Term
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Definition
| a statement describing or explaining an event or condition made while declarant was perceiving the event or conditions or immediately thereafter |
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Term
| declaration of present pain, suffering, or physical condition |
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Definition
| a declaration of then existing physical or mental condition is admissible to show the condition |
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Term
| declaration of past physical condition |
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Definition
statement made for purposes of diagnosis or treatment and describing medical history or past symptoms or the general character of the cause or external source of the symptoms insofar as reasonably pertinent to diagnosis or treatment
must be made to medical personnel
diagnosis can be merely for testimony |
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Term
| business records exception |
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Definition
must be a record kept in the ordinary course of business
the person making the records, does not have to have 1st hand knowledge of the information recorded (the info can come from other business personel)
if the document qualifies as business record, it is admissible to prove what is in it and what is not in it |
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