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20 Cards in this Set
- Front
- Back
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Define Hearsay
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Hearsay is an out of court statement offered in evidence to prove the truth of the matter asserted
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Effect upon the Listener
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A statement used for its non-hearsay use to prove the effect the statement had on the person listening to the statement
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Notice or Knowledge
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Statements by the declarant which are relevant to show the listener had notice or knowledge of a condition.
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Words of Independent Legal Significance
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Words to which the substantive law attaches certain legal consequences and which are used to prove those consequences.
i.e. when we're interested in what words "do" rather than in what words "assert" those legally operative words are non-hearsay e.g Contract Actions Defamation Will Contest Prove transfer of title to real estate Words which constitute the crime Words part of the Crime |
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Words which accompany and Explain Legally Ambiguous Conduct
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Words which both accompany and explain an acts legal significance are admissible as non-hearsay.
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Knowledge of the Declarant Used to Show Something Other than the thing Known
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Refers to words which reveal the declarant's knowledge, consciousness or awareness of a fact, the existence of which is shown by other evidence
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State of Mind of the Declarant
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Statements which are not offered to prove the assertion in the statement is true but, rather, to prove circumstantially the state of mind or the declarant.
Elements Declarant's state of mind in issue indirectly expressed |
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Non-assertive Conduct
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nonverbal conduct which does not assert anything, but which is offered to prove that the person acted as he did b/c of his belief in the fact or condition sought to be proved, is considered non-hearsay.
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Non-assertive Conduct
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nonverbal conduct which does not assert anything, but which is offered to prove that the person acted as he did b/c of his belief in the fact or condition sought to be proved, is considered non-hearsay.
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Dying Declaration
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A statement that is made under the belief of imminent and certain death and relating to the cause of death is admissible hearsay.
Elements 1)Declarant Unavailable 2)Declarant believes death is imminent and Certain 3)Statement Relates to Cause of Death 4) Personal Knowledge |
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Excited Utterance
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An excited utterance is a statement relating to a startling even made while the declarant was under the stress of excitement caused by the event.
Elements 1) Startling Event 2) Statement made while declarant under stress of Startling event 3)Statement relates to Startling Event 4) Personal Knowledge |
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Present Sense Impression
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Statements made by a person while perceiving an event or condition and which describes or explains that event or condition
Elements 1)Statement made contemporaneously with event or condition 2)Statement Uttered Immediately upon Perception |
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Former Testimony
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Testimony that was given as a witness at a trial, hearing, or lawful deposition whether given during the current proceeding or a different one and is now offered against a party who had an opportunity and similar motive to develop it by direct, cross, or redirect examination.
Civil Is now offered against a party whose predecessor in interest had an opportunity and similar motice to develop it by direct, cross, or redirect examination. Elements 1)oath and opportunity for Cross at Prior Proceeding 2) Identity of Parties -Criminal- must be offered against same party -Civil- PII 3) Identity of Issues - Primary Issue 4) Declarant Unavailable FRE 804(a) ways to qualify as Unavailable |
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An opposing party's statement
(statement of party himself) |
a statement is not hearsay if the statement is offered against an opposing party and was made by the party in an individual or representative capacity.
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Adoptive Admission
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Where a party, expressly or implied through conduct, adopts another's statement
also admission by silence |
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Representative Admission
(Authorized Admission) |
Under FRE 801(d)(2)(C) A statement is not hearsay if the statement is offered against an opposing party and was made by a person whom the party authorized to make a statement on the subject.
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Representative Admission
(Vicarious Admission) |
Under FRE 801(d)(2)(D) A statement is not hearsay if the statement is offered against an opposing party and was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed.
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Representative admission
(Admission of Co-conspirator) |
Admissible when the statement is offered against an opposing party and was made by the party’s coconspirator during and in furtherance of the conspiracy.
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Declarations against interest
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statements made by a non-party against his/her interest
Elements Declarant Non-party or party Declarant unavailable personal knowledge statement made against interest |
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FRE 804 (a) unavailable
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the declarant is “unavailable” who is (1) exempted from testifying on privilege grounds; (2) refuses to testify; (3) testifies to a lack of memory; (4) absent from the
hearing due to death or illness (mental or physical); or (5) absent from the hearing and his attendance cannot be procured by subpoena or other reasonable means. |
