Terms in this set (9)
Mandatory jury instruction presumptions
not allowed. would conflict with the presumption of innocence. violates due process rights
Past recollections recorded
allows writing to be read into evidence, but does not allow the writing itself to be offered as an exhibit by the proponent.
declarant unavailable hearsay exceptions 804(b)(3)
a statement against interest is a statement that a reasonable person in the declarant's position would have made ONLY if the person believed it to be true bc, when made, it was so CONTRARY to the declarant's proprietary interest or had so great a tendency... to expose the declarant to civil or criminal liability.
privilege against self-incrimination
a witness may refuse to testify if the witness has a reasonable fear that testimony may lead to her being criminally prosecuted. applies to both civil and crim cases.
Best Evidence Rule FRE 1002
an original writing, recording, or photograph is required in order to prove ITS CONTENTS.
does not apply to events that have by happenstance been recorded, applies ONLY where the terms of the recording are what are being sought to proved.
attorney client privilege crime or fraud exception
states there is no privilege if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud.
when 2 hearsay statements
anytime the evidence in q consists of an out of court statement by A repeating another out of court statement by B, you have to analyze both A's statement and B's statement - if either statement is hearsay not falling within any exception, the combined statement cannot come in.
a statement is not hearsay if it is "offered against an opposing party and is one the party manifested that it adopted or believed to be true.
habit evidence 406
evidence of a person's habit or an organizations routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. court may admit this evidence regardless of the whether it is corroborated or whether there was an eyewitness.