Term
|
Definition
1. Dying Declaration
2. Excited Utterance
3. Present Sense Impression
4. Former Testimony
5. Past Recollection Recorded
6. State of Mind or Body
7. Statement for Medical Diagnosis
8. Declaration Against Interest
9. Judgment of Previous Conviction
10. Business Record
11. Public Record
12. Learned Treatise
13. Residual |
|
|
Term
|
Definition
1. Declarant Unavailable
2. Declarant thinks death is imminent
3. Made about cause or circumstances of death |
|
|
Term
|
Definition
1. Startling event
2. under stress of excitement |
|
|
Term
| Present Sense Impression (EXC) |
|
Definition
1. Made while perceiving event/condition
2. Or immediately after |
|
|
Term
|
Definition
1. Declarant Unavailable
2. Prior Proceeding
3. Party against whom opportunity and similar motive to develop testimony |
|
|
Term
| Past Recollection Recorded (EXC) |
|
Definition
1. W gained PK and prepared record while fresh
2. W says record accurate
3. W can't recall all facts at trial
4. 3rd party prep OK
5. Can be read to jury by proponent |
|
|
Term
| Declaration of State of Mind/Physical Condition (EXC) |
|
Definition
1. Declarant's then existing state of mind.
2. No statement of memory
3. Use if offered to prove matter asserted (rather than as circumstantial evidence of something else) |
|
|
Term
|
Definition
1. Made for purpose of medical diagnosis or treatment
2. Can relate to past symptoms
(Contrast to Declaration State of Mind) |
|
|
Term
| Declaration Against Interest (EXC) |
|
Definition
1. So Contrary to declarant's pecuniary, proprietary, civil, or penal interest.
2. Declarant Unavailable.
3. Reasonable person wouldn't have made if untrue. |
|
|
Term
| Judgment of Previous Conviction (EXC) |
|
Definition
1. Final judgment
2. Guilt of crime punishable by death/prison 1+ years.
2. Guilt of crime.
3. Crim: only D, not witness' convictions
4. Prior Guilty Plea: might be admission of party opponent.
5. Also...LOL - show legal effect. |
|
|
Term
| Business Records Exception (EXC) |
|
Definition
1. Written form
2. Acts, events, opinions
3. Near time info transmitted
4. Person with knowledge kept in regular course of business
5. Regular practice of business
6. sponsored by custodian.
7. All participants had biz duty.
8. Index of trustworthiness
9. W may not have PK, but transmitter MUST.
10. No reports for litigation |
|
|
Term
|
Definition
1. Records
2. Public Office
3. set forth activities
4. Near or at time
5. Absence of entry admissible
6. No law enforcement reports against either party. |
|
|
Term
|
Definition
1. LT is reliable authority
2. Expert can be supported/attacked
3. Direct Examination - expert relied on it. |
|
|
Term
|
Definition
1. equivalent circumstantial trustworthiness
2. material fact
3. more probative than other evidence through reas. means.
4. Justice served
5. proponent gave notice and fair opportunity |
|
|
Term
|
Definition
1. Admissions
2. Prior Inconsistent Statements
3. Prior Consistent Statements
4. Prior ID |
|
|
Term
|
Definition
1. Express
2. Authorized
3. Adoptive
4. Agent
5. Co-conspirator |
|
|
Term
| Admission Definition (EXEM) |
|
Definition
Statement of party offered by opponent.
NOT Necessary: PK, Against Interest. |
|
|
Term
|
Definition
1. Declarant testifies/subject to cross.
2. Statement consistent with present testimony
3. Statement offered to rebut charge of recent fabrication. |
|
|
Term
| Prior Inconsistent Statement (EXEM) |
|
Definition
1. Declarant Testifies and is subject to cross
2. Statement made under oath.
3. Statement inconsistent with present testimony. |
|
|
Term
|
Definition
1. Declarant testifies as to ID of person made after perceiving.
2. Declarant doesn't remember later
3. Officer can state who Declarant ID. |
|
|
Term
| Adoptive Admission (EXEM) |
|
Definition
Implied or by silence.
Made in presence of adopter
Did adopter intend to adopt? |
|
|
Term
|
Definition
| Was Declarant authorized by party? |
|
|
Term
| Admission by Co-conspirator |
|
Definition
1. In course of conspiracy
2. In furtherance of conspiracy
3. Preliminary determination by judge. |
|
|
