the hearsay rule ch. 7
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baltazarbibi on May 13, 2012
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38 terms
Terms | Definitions |
|---|---|
 HEARSAY | a statement, other than one made by the declarant while testigying at trial or hearing, offered in evidence to prove the truth of the matter asserted. |
| DECLARANT | A person who makes a statement |
| CONFRONTATION CLAUSE | The provision of the Sixth Amendment to the Constitution of the United States that guarantees the defendant in a criminal case the right "to be confronted with the witnesses against him." |
| OPERATIVE LEGAL FACT | A statement that creates or destroys a legal relationship, right, power, or duty. |
| STATE OF MIND OF THE HEARER | A statement that creates or affects the state of mind of another who hears the statement. |
| STATE OF MIND OF THE DECLARANT | A statement offered to show the state of mind of the person who uttered the statement, not the person who heard the statement. |
| "TRACES OF THE MIND" THEORY | The theory that allows into evidence statements that prove the declarant has knowledge that he or she could have gained only by actually having perceived some unusual event, circumstances,or surroundings. |
| PRIOR INCONSISTENT STATEMENT | A statement by the witness that contradicts the witness's current in-court testimony. |
| PRIOR CONSISTENT STATEMENT | A statement made previously that is consistent with the present testimony of the witness. It is admissible only to rebut a charge of recent fabrication, improper influence, or motive. |
| STATEMENTS OF PRIOR IDENTIFICATION | Out-of-court statements identifying a person made after the declarant has seen that person. |
| ADMISSION BY A PARTY OPPONENT | A statement that is attributed to a named party in a civil lawsuirt or a statement attributed to a criminal defendant. |
| ADOPTIVE ADMISSION | A "statement" that occurs when a party, though not making the statement himself or herself, adopts a statement made by another, usually by silence in the face of an accusation. |
| VICARIOUS ADMISSION | A statement not actually made by the party but by an individual acting on behalf of a party as either a person expressly authorized to speak on behalf of the party, an employee, or a co-conspirator. |
| DYING DECLARATION | An exception to the hearsay rule that provides that a statement made by an unavailable declarant may be admitted into evidence in a prosecution for homicide or in a civil proceeding if the statement was made by the declarant while believing that his or her own death was imminent, and if it concerns the cause or circumstances of what the declarant believed to be impednding death. |
| DECLARATION AGAINST INTEREST | An exception to the hearsay rule for a statement made by a person who is not a party to the case and who is unavaliable as a witness. to qualify as a declaration against interest, the person's statement must have been contrary to the person's interests at the time it was made. |
| RES GESTAE | Literally, "the things done." The term is used most commonly to refer to the spontaneous utterance exceptions to the hearsay rule but could be meant to emcompass any number of other exceptions. therefore, it is ambiguous and its use should be avoided. |
| PRESENT SENSE IMPRESSION | A statement describing or explaining an ebent or a condition made while perceiving the event or condition or immediately therafter. |
| EXCITED UTTERANCE | A statement relating to a starting event or condition, made while under the stress of excitement caused by the event or condition. |
| STATE OF MIND | The exception to the hearsay rule that allows into evidence a declarant's assertion of hi or her then-existing state of mind to prove that the person actually had such a state of mind. |
| STATEMENTS FOR PUPOSES OF MEDICAL DIAGNOSIS OR TREATMENT | The exception to the hearsay rule that allows into evidence statements made by a patient, or by someone on his or her behalf, to a doctor or other medical personnel, describing the patient's then-existing medical history; or the patient's past or present symptoms, pain, or sensations; or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. |
| FORMER TESTIMONY | The exception to the hearsay rule that allows into evidence testimony given by a now unavailable witness at a prior proceeding. |
| DEPOSITION | A written declaration, under oath, made upon notice to the adverse party, during which the adversary is present and cross-examines. |
| BUSINESS OR PUBLIC RECORDS | The hearsay exceptions that permit certain written reports or records that record acts, events, conditions, opinions, or diagnosese to be admitted into evidence without requiring the person with knowledge of the facts contained in the records be called as a witness. |
| SELF-AUTHENTICATION | The principle that authenticity of a document may be determined on its face, without resort to outside evidence. |
| DOCTRINE OF COMPLETENESS | The rule that provides that if a party seeks to admit part of a document, the opposing party may "require the introduction at that time of any other part or any other writing or recorded statement which ought in fariness to be considered contemporaneously with it." |
| DEFINE HEARSAY | Hearsay is an out-of-court statement offered in evidence to prove the truth of the matter asserted in the statement. |
| EXPLAIN THE RATIONALE FOR THE HEARSAY RULE. | although there are numerous reasons for the hearsay rule, the principal rationale is that the law prefers the declarant of a statement to be present in court, under othaht, and subject to cross-examination rather than to have someone repeat in court what the person said our-of-court. |
| EXPLAIN THE FRE's ASSERTION-BASED DEFINITION OF A STATEMENT | A statement, for purposes of the hearsay rule under the FRE, is an oral or written assertion or nonverbal conduct intended by the declarant as an assertion. |
| LIST THE FICE SUBCATEGORIES OF STATEMENTS THAT ARE NOT OFFERED FOR THE TRUTH OF THE MATTER ASSERTED (NOTMA). | The five subcategories of NOTMA are: 1. operative legal fact, 2. state of mind of the hearer, 3. state of mind of the declarant, 4. state of mind (knowledge) of the declarant on the "traces of the mind" theory, and 5. statements that are otherwise not offered for the truth of the matter asserted (NOTMA) but to prove something else. |
| NAME THE TWO GENERAL CATEGORIES OF EXEMPTIONS FROMT HE HEARSAY RULE UNDER THE FRE. | the two general categories of exemptions from the hearsay rule under the FREE are prior statements of witnesses and admissions by a party opponent. |
| LIST THE THREE TYPES OF PRIOR STATEMENTS BY WITNESSES THAT ARE EXEMPT FROM THE HEARSAY RULE. | the three types of statements by witnesses that are exempt from the hearsay rule are * prior inconsistent statements, * prior consistent statements, and * statements of prior identification of a person. |
| IDENTIFY THE FIVE TYPES OF ADMISSIONS BY A PARTY OPPONENT THAT ARE EXEMPT FROM THE HEARSAY RULE. | The five types of admissions by a party opponent that are exempt from the hearsay rule are: a. the party's own statement b. the party's admission by adoption,' c. an admission by a person authorized by a party to speak, d. an admission by an agent or employee of a party, and e. an admission bya co-conspirator of a party. |
| LIST THE FOUR FOUNDATIONAL REQUIREMENTS FO RTHE DYING DECLARATION EXCEPTION TO THE HEARSAY RULE. | ... |
| NAME THE TWO SPECIES OF SPONTANEOUS DECLARATIONS EXCEPTION TO THE HEARSAY RULE. | ... |
| IDENTIFY A MAJOR LIMITATION UPON THE STATE OF MIND EXCEPTION TO THE HEARSAY RULE. | ... |
| LIST THE FOUNDATIONAL REQUIREMENTS FOR THE STATEMENTS FOR PURPOSES OF MEDICAL DIAGNOSIS EXCEPTION TO THE HEARSAY RULE. | ... |
| NAME THE FOUNDATIONAL REQUIREMENTS FOR THE FORMER TESTIMONY EXCEPTION TO THE HEARSAY RULE. | ... |
| STATE THE FOUNDATIONAL REQUIREMENTS FOR THE BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE. | ... |
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