Term
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Definition
| A statement, other than the one made by the declarant while testifying at trial, offered in evidence to prove teh truth of the matter asserted, not otherwise excluded. |
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Term
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Definition
| An oral or written assertion; or non-verbal coduct of a person that is intended by the person to be an assertion |
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Term
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Definition
| Can be; if intended as an assertion |
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Term
| Can a question be hearsay? |
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Definition
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Term
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Definition
| No; not offered to prove truth only offered to show there was a lie |
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Term
| If one part of a chain of inferences is hearsay, can the chain of inferences be admissible? |
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Definition
| No; one part is hearsay the entire chain of inferences is hearsay |
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Term
| Are out of court statements used for impeachment hearsay? |
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Definition
| No, so probably admissible |
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Term
| Give 3 examples of verbal condut that is not a statement |
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Definition
1) Reflexive/unthinking verbal conduct
2) Common social pleasantries (Hi)
3) Actor's or singer's performances |
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Term
| W's prior statement made during deposition or at an earlier trial. Hearsay or non-hearsay? |
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Definition
| Hearsay- it's made out of court |
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Term
| There are 5 categories of statements that are not offered for the truth of the matter asserted. Name them. |
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Definition
1) Impeachment
2) Effect on hearer/reader
3) Verbal acts
4) Declarant's state of mind
5) Reputation |
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Term
| Give 2 examples of non-assertive verbal conduct. |
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Definition
1) Addressing a letter
2) Bookmaking operation; W's testimony that he answered D's phone and caller on other end said "Giants to place 3rd" Caller's statement not hearsay because did not intent to assert he was talking to a betting parlor |
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Term
| Prior inconsistent statements are non-hearsay; what are the requirements for their use? |
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Definition
1) Statement
2) Declarant testifies
3) Subject to cross
4) Prior statement under oath
5) Given at a trial, hearing, other proceeding, or in deposition, agency hearing, grand jury
6)Declarant must remember making statement
7)Statement inconsistent
9) Defendant must deny truth of prior inconsistent statement |
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Term
| In order for a prior inconsistent statement to be non-hearsay does the declarant have to remember the content of the statement? |
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Definition
No; just making the statement
FRE- Reluctance is allowed
California- all inconsistent statements allowed |
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Term
| What are the differences and similarities of 801(d)(1) prior inconsistent statments and 612 inconsistent statements used for impeachment |
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Definition
1) Statements that won't pass the non-hearsay usage may still be used for impeachment
a) don't have to be under oath
b) doesn't have to be trial, proceeding |
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Term
| Can an affidavit signed under the pentaly of perjury be introduced as non-hearsay prior inconsistent statement? |
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Definition
| No; doesn't qualify as "other proceeding" |
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Term
| What are the requirements to use a prior consistent statement? |
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Definition
1) Must be responsive (offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive)
2) Statement must have been made before the alleged motive came into play |
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Term
| In California, in order to use a prior consistent statement does the statement have to be pre-motive? |
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Definition
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Term
T or F
If a statement predates motive to fabricate it may be used substantively. |
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Definition
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Term
| What are the 7 types of admission by party opponent? |
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Definition
1) Party's own statement
2) Statement of which party has adopted or belief in truth
3) Stmnt by person authorized by party
4) Stmnt by parties agent or servant (within scope of employment and during existence of relationship)
5) Stmnt by co-conspirator
6) Agency or employment relationship
7) Existence of conspiracy |
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