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Anonymous 10/23/2007 | 0 (0) | 179 | 3 | 0 | English
FALL 2003 Essay #1
I. Hearsay - Issue, Rule - out of court statement, offered for truth, Analysis - made at hospital, offered to show committed rape, Conclusion - hearsay; Hearsay within hearsay, "It's Showtime", not offered for truth
Exceptions - Excited Utterance - Issue, Rule - relates to startling event, made while under stress of excitem ... more>>
Anonymous 10/23/2007 | 0 (0) | 177 | 10 | 0 | English
Chapter 10: HEARSAY EXCEPTIONS
FED. R. EVID. 803(1)-(3)-HEARSAY EXCEPTIONS:
802: Hearsay Rule-hearsay is NOT admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or by Act of Congress
803: Hearsay Exceptions; Availability of Declarant Immaterial-the following are NOT ... more>>
Anonymous 1/4/2008 | 0 (0) | 175 | 5 | 0 | English
EVIDENCE II I Hearsay Intro a def an out of court statement offered in court for the truth of its content b Purpose of hearsay rule deprivation of the right of crossexamiinatio x examine of declarant which constitutes the principal justification for rule i safeguards to finding truth ii someone who has knowledge of facts should be presen ... more>>
Anonymous 10/23/2007 | 0 (0) | 175 | 6 | 0 | English
Testimonial or Physical Evidence:
Relevancy: threshold inquiry
This is relevant because.
May be relevant for more than 1 purpose [discuss relevant purpose and use = one purpose inadmissible and other purpose is admissible]
If Witness is testifying:
Whether basing on personal knowledge
Triggers whether discussing hearsay
Physical Evidence/D ... more>>
Anonymous 10/23/2007 | 0 (0) | 174 | 7 | 0 | English
Introduction to the Laws of Evidence
Overview of Federal Rules of Evidence
The baseline foundational principle on which the FRE are based on is reliability.
FRE 101 Scope - rules governing proceedings in courts to the extent and with exceptions stated in Rule 1101.
FRE 102 Purpose & Construction - to secure fairness in administration, eliminati ... more>>
Jasonpet 11/25/2007 | 0 (0) | 173 | 7 | 0 | English
EVIDENCE OUTLINE
DETERMINING THE ADMISSIBILITY OF EVIDENCE 1
AUTHENTICATION § 901 & 902 1
BEST EVIDENCE RULE § 1001 & 1002. 2
JUDICIAL NOTICE (stipulating as to facts) 3
RELEVANCE 3
WITNESSES 5
OPINION TESTIMONY 6
CHARACTER EVIDENCE 7
IMPEACHMENT OF WITNESSES 8
Habit Evidence 10
PRIVELEGES 10
HEARSAY: 12
Definition 12
Not Hearsay 12 ... more>>
Anonymous 8/29/2007 | 0 (0) | 173 | 10 | 0 | english
Evidence 8/21/06 Pre-Notes . motion in limine (in lim-<>-nee). A pretrial request that certain inadmissible evidence not be referred to or offered at trial. . Typically, a party makes this motion when it believes that mere mention of the evidence during trial would be highly prejudicial and could not be remedied by an instruction to disregar ... more>>
Anonymous 10/23/2007 | 0 (0) | 168 | 6 | 0 | English
Hearsay Review
-Blind person perceiving [801(d)(1)(C)]-need to call police man and then call blind witness to testify
-Cal.-1-2 questions
-Prior Inconsistent Statements
-Cal/Fed. = admissible to impeach
-Fed. = admissible TOMA [801(d)(1)(A)]-inconsistent; oath/penalty perjury; prior proceeding
-Cal. = admissible TOMA.but doesn't have res ... more>>
Massachusetts 6/17/2008 | 0 (0) | 163 | 5 | 0 | English
Anonymous 10/23/2007 | 0 (0) | 163 | 9 | 0 | English
Chapter 5: Character & Habit Evidence
USES for CHARACTER EVIDENCE:
Propensity-because someone has a particular trait or character, they have a propensity to act in a certain way and this is why they acted on this occasion
E.g.-establish trait of character of dishonest.can infer that he has a propensity to act in dishonest ways and more likely ... more>>
Anonymous 10/23/2007 | 0 (0) | 160 | 7 | 0 | English
Chapter 1: Introduction to Evidence
Chapter 2: Function of Judge, Jury, and Attorneys at Trial
POLICIES UNDERLYING RULES of EVIDENCE:
Skeptical of jurors' abilities-determine what evidence is reliable; put aside evidence that is inflammatory.limit what juror's are permitted to hear
Promote accuracy-decide based on facts relevant to issue at ... more>>
sammyc2007 2/4/2008 | 0 (0) | 157 | 6 | 0 | English
Hearsay Defined A statement, other than one made by the declarant while testifying at the trial or hearing, offered into evidence to prove the truth of the matter asserted. A statement, ? A statement is an expository or declarative expression. It is not an interrogatory, imperative or exclamation, unless the question/order/exclamation contains expo ... more>>
Anonymous 10/23/2007 | 0 (0) | 155 | 9 | 0 | English
Chapter 13
Authentication, Identification, and the Best Evidence Rule
Authentication and Identification:
901: Requirement of Authentication or Identification
(a) General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the ma ... more>>
Anonymous 1/4/2008 | 0 (0) | 154 | 1 | 0 | English
Evidence I (Fagan, J.) Outline 03/26/93 Contents Page ii
Introduction 1
Types of Evidence 1
Relevancy 1
Judicial Notice ... more>>
Anonymous 10/23/2007 | 0 (0) | 154 | 8 | 0 | English
Chapter 10: CLASSIC HEARSAY
[Fed. R. Evid. 801]
Problem Set #3
HEARSAY: Fed. R. 801(a)-(c):
Fed. Rule § 801(a)-(c): Definitions
Statement: A 'statement' is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion
Declarant: A 'declarant' is a person who makes a statement
... more>>
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