Evidence midterm approach

Evidence midterm approach - Hearsay Exam Approach Final...

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Hearsay Exam Approach- Final Review Hearsay-FRE 801(c) Hearsay is an out of court statement offered to prove the truth of the assertion Statement FRE 801(a) A statement is an oral, written or nonverbal conduct intended by the person as an assertion. Oral Written Conduct (1) Assertive: Intentional use of conduct to communicate an idea (2) Non-assertive Declarant-FRE 801(b) A declarant is a person who makes a statement Offered to prove the truth of the assertion If the statement is offered to prove the truth of the matter asserted it is hearsay and an exception is needed for its admission Hearsay within Hearsay FRE 805 (multi-level Hearsay) Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule. Both statements have to be non-hearsay to be admissible. If one is not admissible then both are not admissible. Relevant Purposes: LOOK AT CHINNS LIST Not Hearsay Prior inconsistent statement Prior inconsistent statement admissible as substantive evidence only if prior inconsistent statement was given under oath at a prior trial, hearing, or other proceeding, or in a deposition and declarant testifies at the trial and is subject to cross-examination concerning the statement.
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Prior consistent statement A prior consistent statement when offered to rebut an express or implied charge of recent fabrication or improper influence or motive on the part of the witness, is not hearsay Admission An admission is a statement made or an act that amounts to a prior acknowledgement by one of the parties of one of the relevant facts. Admissions of a party-opponent are not hearsay under the FRE. Adoptive admissions A party may make an admission by expressly or impliedly adopting or acquiescing in the statement of another 1) A statement by a party offered by the other side 2) Anyone of the 5 different forms in FRE 801 (d)(2) 3) Offered by the other side Admission/Silence If a reasonable person would have responded, and a party remains silent in the face of accusatory statements, his silence may be considered an implied admission only if The party heard and understood the statement, they party was physically and mentally capable of denying the statement, and a reasonable person would have denied the accusation. Co-parties Admissions of a co-party are not receivable against her co-parties merely because they happen to be joined as parties. Authorized spokes person The statement of a person authorized by a party to speak on his behalf can be admitted against the party as an admission. Principal-agent Statements by an agent concerning any matter within the scope of her agency, made while the employment relationship exists, are not hearsay and are admissible against the principal.
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