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15 Cards in this Set

  • Front
  • Back
Hearsay Exceptions
-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
Judicial Notice
-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
Is admission by silence admissible?
If the court determines that a reasonable person would not deny such a statement under the circumstances.
When is the 'dying declarant' statement admissible?
-when declarant unavailable
-only in homicide cases (or any civil case) TRICK
What hearsay exceptions are only applicable if declarant unavailable
- dying declaration
- statement against interest
- former testimony
What is nonhearsay
-party admissions
-prior inconsistent witness statements under oath
-prior identification
When is extrinsic evidence allowed to impeach?
-bad reputation/opinion
-sensory deficiences
When is confrontation required when impeachment is used?
-prior inconsistent statements (TX requires IMMEDIATE opportunity to explain)
-Prior bad acts
When is extrincis evidence NOT allowed?
-bad acts
-If witness is contradicted, and she sticks to her story, EXTRINISIC EVIDENCE IS NOT ALLOWED if the issue is COLLATERAL
Can only rehab an impeached witness by showing truthfulness, when these methods were used to impeach
bad reputation, criminal convictions and bad acts
On what may a witness be interogated on cross with respect to any act of misconduct probabative of truthfulness?
-lying on job application
(record of arrest is not enough, must have conviction)
Is prior inconsistent statement of a hearsay declarant admissible for impeachment purposes?
Yes, admissible to the same extent as those of in-court witnesses.
A defendant's good reputation and opinion is only admissible when related to what?
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)
When does a prvilege for confidential marital communications NOT apply?
In suit between spouses
When does attorney-client privilege NOT apply?
-suits between 2 parties represented by the same attorney