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9 Cards in this Set

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Definition of hearsay

Statement that was made other than by the witness while testifying at the hearing and that it is offered to prove truth of the matter.

An out of court statement offered to prove the truth of the matter asserted.

Definition of party admissions exception to hearsay

Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party

Admissibility of circumstantial evidence

Generally admissible in court unless the connection between the fact and the inference is weak to help.

Upon what may an expert witness base his/her opinion

Upon his knowledge, skill, experience, training and/or education

Statements, reports and testimony of others, ??,??????

Spousal testimonial privilege

A spouse has privileged not to be called as a witness and not testifying against the other spouse.

Applies yo only valid marriages and only during marriage.

Confidential martial communications

Communications occurring during marriage non-testifying spouse holds the priveledge. Priveledge survives marriage.

Must be a communication made in confidence.

Each spouse holds the priveledge.

1) if the communication was made, in whole, or in part, to enable or aid anyone to commit or plan to commit fraud.

2) criminal proceedings where one spouse is charged crime v. Person or property of spouse, or parent, child, relative, or co-habitant before or during marriage. Crime v. Another while commuting crime v. Spouse;

3) crime of bigamy

4) failure to provide support for spouse or child.

Every witness must have four abilities

1) ability to observe

2) ability to remember

3) ability to relate

4) ability to communicate

Definition of adoptive admission exception to hearsay

Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one which the party, with knowledge of the content thereof has by words or other conduct, manifested his adoption or belief in its truth.

When may relevant evidence be excluded?

If its probative value is substantially outweighed by the probability that its admission will...

a) necessitate an undue consumption of time or...

b) create substantial danger or undue prejudice, of confusing the issues, or misleading the jury.