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15 Cards in this Set
- Front
- Back
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Hearsay Exceptions
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-former testimony
-statement against interest -dying declaration -excited utterance -present sense impression -present state of mind -present physical condition -declaration of intent -statement for medical purposes -public/business records |
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Judicial Notice
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-only appropritate when undisputed or can be verified by science
-if criminal cases, the judge will say the jury may (but is not required) conclude fact has been established -if civil case, fact is conclusively established |
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Is admission by silence admissible?
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If the court determines that a reasonable person would not deny such a statement under the circumstances.
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When is the 'dying declarant' statement admissible?
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-when declarant unavailable
-only in homicide cases (or any civil case) TRICK |
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What hearsay exceptions are only applicable if declarant unavailable
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- dying declaration
- statement against interest - former testimony |
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What is nonhearsay
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-party admissions
-prior inconsistent witness statements under oath -prior identification |
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When is extrinsic evidence allowed to impeach?
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-bad reputation/opinion
-sensory deficiences NOT ALLOWED ON BAD ACTS! |
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When is confrontation required when impeachment is used?
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-prior inconsistent statements (TX requires IMMEDIATE opportunity to explain)
-Prior bad acts |
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When is extrincis evidence NOT allowed?
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-bad acts
-If witness is contradicted, and she sticks to her story, EXTRINISIC EVIDENCE IS NOT ALLOWED if the issue is COLLATERAL |
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Can only rehab an impeached witness by showing truthfulness, when these methods were used to impeach
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bad reputation, criminal convictions and bad acts
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On what may a witness be interogated on cross with respect to any act of misconduct probabative of truthfulness?
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-lying on job application
(record of arrest is not enough, must have conviction) |
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Is prior inconsistent statement of a hearsay declarant admissible for impeachment purposes?
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Yes, admissible to the same extent as those of in-court witnesses.
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A defendant's good reputation and opinion is only admissible when related to what?
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reputation and opinion for the trait involved in the case. (truthfulness may be relevant to a witness, but not for a defendant on trial for reckless driving)
(can include character trait for obeying the law) |
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When does a prvilege for confidential marital communications NOT apply?
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In suit between spouses
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When does attorney-client privilege NOT apply?
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-suits between 2 parties represented by the same attorney
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