Term
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Definition
1. Out of court declarant
2. Statement
3. Offered for the truth of the matter asserted |
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Term
| Analyzing a piece of evidence |
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Definition
1. Relevance
2. Is there a bar to admission?
3. 403 analysis
*Crawford in criminal case. |
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Term
| Hearsay Exemptions under 801 |
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Definition
1. Prior inconsistent statement
2. Prior consistent statement
3. Party admissions
4. Pre-trial identification |
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Term
| Hearsay Exceptions under 803 |
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Definition
1. Present sense impression
2. Excited utterance
3. Then existing concurrent condition
4. Statement for medical diagnosis
5. Recorded recollection
6. Business Records
7. Public Records |
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Term
| Hearsay Exceptions under 804 |
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Definition
1. Former testimony
2. Dying declaration
3. Statement against interest
4. Forfeiture by wrong doing |
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Term
| 404 Rule against Character Evidence |
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Definition
Evidence of a person’s character or trait of character is not admissible to prove on a particular occasion the person acted in accordance with the character trait
In short, no act propensity. |
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Term
| Exceptions to the character evidence rule |
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Definition
1. Character evidence offered by criminal defendant.
2. Character evidence of non-homicide/sex victim
3. Evidence reflecting peacefulness of homicide victim
4. Character of the accused after an attack on the victim's character
5. It is character impeachment of a witness. |
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Term
| Methods for proving character |
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Definition
1. Opinion
2. Reputation
3. Specific prior acts to show mental propensity. |
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Term
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Definition
Bars introduction of evidence to prove victim engaged in sexual behavior or has a sexual predisposition.
Limits the ability to impeach as well. |
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Term
| Rape shield exceptions (criminal) |
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Definition
In a criminal case, the defendant can offer evidence of specific instances if the defense is consent OR someone else did it.
Or if exclusion would violate a constitutional right |
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Term
| Rape shield exception (civil) |
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Definition
1. Evidence other than reputation if probative value substantially outweighs victim harm and unfair prejudice
2. Evidence that would violate def. const. rights
3. Reputation, if victim puts reputation in controversy, (403) |
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Term
| Character for truthfulness rules (608) |
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Definition
1. A witnesses character for truthfulness can be attacked by reputation or opinion evidence
2. Character for truthfulness can be supported only after it has been attacked
3. Extrinsic evidence not admissible. |
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Term
| Prior inconsistent statement (801) |
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Definition
1. Declarant testifies at hearing
2. Under oath, subject to cross
3. Sufficiently inconsistent
* (only available for impeachment, not the truth) |
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Term
| Prior Consistent statement |
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Definition
1. Declarant testifies at hearing
2. Under oath, subject to cross
3. Consistent with testimony at trial
4. To rebut claim of recent falsity at trial. |
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Term
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Definition
1. A parties statement, agent or authorized person's statement, adopted statement, or statement of co-conspirators in furtherance of conspiracy
2. If offered by the opposing party |
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Term
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Definition
(under oath subjec to cross maybe?)
1. Declarant made the ID after he perceived the identified person |
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Term
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Definition
1. Statement made while/immediately after perceiving condition
2. Statement describes condition
(first hand knowledge) |
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Term
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Definition
1. Statement made in reference to startling event or condition
2. Statement was under the influence of the startling event/condition |
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Term
| Then existing concurrent physical, mental, emotional condition |
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Definition
1. Declarant's statement identifies a concurrently existing state of mind, physical, mental, emotional condition.
2. Pheaster doctrine |
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Term
| Statement for medical diagnosis |
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Definition
1. Statement is for medical diagnosis
2. Information in statement is relevant for diagnosis
3. Statements about defendants medical history, symptoms, and etc. |
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Term
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Definition
1. Declarant has personal knowledge
2. Declarant has insuff. memory
3. Declarant made a memo
4. Matter fresh in the declarants mind when memo was made
5. Declarant testifies memo is accurate |
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Term
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Definition
a. Business entity produces a record of business activity
b. Entity reps w/ personal knowledge contributed to info in record
c. reps recorded info at/near time the activity occurred
d. It’s the entity’s reg. practice to create record
e. The info in the record relates to bus. activity
* Requires someone to authenticate records |
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Term
| Statements for Medical Diagnosis |
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Definition
a. statement for purpose of obtaining medical treatment
b. information in statement relevant to diagnosis
c. statement relates defendants medical history, symptoms, etc. |
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Term
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Definition
a. Declarant has personal knowledge of matter
b. Declarant has insuff. Memory to testify fully/accurately
c. Declarant made memo or record of the matter
d. Matter was fresh in declarants mind when recording made
e. Declarant testifies memo is accurate.
f. Only opponent can offer it for the jury to take back. |
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Term
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Definition
a. Record is from public office/agency
b. Records set forth activities, matters, or factual findings
c. Nothing indicates lack of trustworthiness. |
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Term
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Definition
a. Exempt because of privilege
b. Persistent refusal to testify
c. Death or illness
d. Lack of memory (must attempt to refresh memory)
e. Absence where proponent can’t find declarant.
f. Proponent can’t create unavailability |
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Term
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Definition
a. Declarant unavailable
b. Previous testimony under oath at hearing
c. Defending party previously offered or had chance to cross exam
d. Defending party has the same motive as past defending party (?) |
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Term
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Definition
a. Declarant must be unavailable (not just dead)
b. Statement offered in homicide prosecution
c. Declarant believed death imminent
d. Statement concerned cause/circumstances of imminent death |
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Term
| Statement Against Interest |
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Definition
a. Declarant unavailable
b. Statement is sufficiently contrary to declarant interest
c. If statement against penal interest, offering party must provide corroborating info.
*Always used against non-parties |
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Term
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Definition
a. Declarant unavailable
b. Opponent of statement engaged in wrongdoing intended to produce declarant’s unavailability.
c. Proponent must show opposing party removed witness. |
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Term
| Exceptions to 404(a) propensity |
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Definition
a. Character evidence offered by criminal defendant
b. Evidence of victim in cases other than homicide or sex crime
c. It reflects the peacefulness of a homicide trial victim
d. It is character of accused following an attack on victim’s character (same trait, usually to rebut aggressive victim claim)
e. It is the character of the defendant in a criminal or civil case involving sexual assault or child molestation
f. It is character impeachment of a witness [404(a)(3)] |
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Term
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Definition
1. Bias
2. Conviction of crim
3. Prior bad act
4. Capacity |
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