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6 Cards in this Set
- Front
- Back
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who shall decide the preliminary questions relating to the qualification of a W, the existence of a privilege, or the admissibility of evidence?
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determined by the court and not bound by the rules of evidence
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what is the rule for impeaching a hearsay D?
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when a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked by any evidence which would be admissible for that purpose if declarant had testified as a W
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Business Records
definition |
records made at or near the time, by, or from information transmitted by a person with knowledge are admissible if kept in the regular course of that buisness to make the record unless the source of information or circumstances of preparation indicate a lack of trustworthiness
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Business Records
Rationale for reliability |
employees are under a duty to be accurate in observing, reporting and recoring business facts
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Business Records
what is the reason for this exception? |
allows the record to substitute for the in-court testimony of the employees
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Business Record
what does whether the exception apply or not usually turn on? |
whether entry is germane to the business
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