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7 Cards in this Set
- Front
- Back
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What are the common examples of self-authenticating documents?
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a. Official publications
b. Certified copies of public or private documents on file in public office c. Newspapers or periodicals d. Trade inscriptions and labels e. Acknowledged document f. Commercial paper g. Certified business records, offered into evidence under the business hearsay exception |
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What is the business and public records exception to the hearsay rule?
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Allows admission of
1) Records of a business (any type, including public agencies 2) Made in the regular course of business 3) The business regularly keeps such records 4) Made contemporaneously 5) The contents consist of a. Information observed by employees of the business, or b. A statement that falls w/in some other hearsay exception |
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What is the statement of then-existing mental, emotional, or physical condition exception to the hearsay requirement (federal)?
What are the NY distinctions to this rule? |
1) Contemporaneous statement
2) Concerning the declarant’s then-existing a. Physical condition b. Statement of mind |
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What types of things are included in a declarant's "state of mind" for the purposes of the then-existing mental, emotional, or physical condition hearsay exception?
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a. Emotions
b. Mental feelings c. Intent or future plans d. Sensations e. Bodily health |
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What is the federal rule re: vicarious admissions admitted as statements of a party-opponent?
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1) A statement by an agent or employee of a party
2) Is admissible against the party 4) If it concerns a matter w/in the scope of the agency or employment 5) And was made during the existence of the agency |
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What is the "statements for purposes of medical diagnosis or treatment" exception to the hearsay rule? What is the NY distinction?
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1) Made for the purpose of
a. Obtaining medical diagnosis, or b. Medical treatment 2) Concerning a. Present symptoms b. Past symptoms c. General cause of medical condition 3) But NOT including a. Statements re: fault b.Identity of wrongdoer |
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What is the rule re: prior statements of a trial witness? What are the exceptions to this rule?
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A witness’s own prior statement, if offered to prove the truth of the matter asserted in the statement, is hearsay and is inadmissible unless an exception or exclusion applies
Exceptions 1) prior identification of a witness 2) prior inconsistent statement 3) prior consistent statement |
