O the piece of evidence should be marked to

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o The piece of evidence should be marked to distinguish it in some way. o Scientific Evidence Introducing Scientific Evidence: 2 Ways Frye v. U.S. : General Acceptance o The expert testimony must be grounded in scientific principles sufficiently established to have gained general acceptance in the particular field in which it belongs. o This only applies to scientific evidence, not other technical or skilled expert testimony. o This is followed in about 22 states. 702 Testimony o The judge, under 104(a), must decide the relevancy and the reliability of the evidence. See Daubert , etc. Hearsay o Inadmissibility of Hearsay Page 37 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar 802. The Rule Against Hearsay Hearsay is not admissible unless any of the following provides otherwise: o a federal statute; o these rules; or o other rules prescribed by the Supreme Court. o Definition of Hearsay 801(a)-(c). Definitions that Apply to this Article The following definitions apply under this article: o (a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. o (b) Declarant. “Declarant” means the person who made the statement. o (c) Hearsay. “Hearsay” means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. What an Assertion Is Verbal o Assertions Human behavior in which a person expresses and communicates ideas or information to others. o Silence Silence can be considered an assertion if the declarant intended it to be an assertion. o Questions and Commands Generally speaking, these are not assertions. Nonverbal o Assertive Conduct Nonverbal conduct can be assertive. An example is a victim picking out an assailant in a lineup by merely pointing. Another example is sign language used just like verbal assertions. o Nonassertive Conduct (Not Hearsay) An implied assertion is one that is implied either: from the making of a statement which is offered to prove something other than what is asserted, or the commission of some act that is nonassertive, but implies something about the W’s state of mind. Page 38 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar The common law considered implied assertions to be hearsay, but the FREs reject that approach. o Nonhearsay Words that carry legal consequences or that have logical independent significance of their assertive aspect are non hearsay. Verbal Acts (Threats/Demands) Legally Operative Language Statements Offered for the Effect on the Hearer/Reader Statements as Circumstantial Evidence to Prove Something Else, But Not the Truth o Hearsay Exemptions A Declarant-Witness’s Prior Statement 801(d)(1). A Declarant-Witness’s Prior Statement o Statements That Are Not Hearsay. A statement that meets
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