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Related Flashcards
Cards In This Set
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What FRE handles hearsay Exceptions?
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Rule 803
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A statement describing or explaining an
event or condition made while the
declarant was perceiving the event or
condition or immediately thereafter.
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Rule 803(1) Present Sense Impression
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Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pains, or sensations, or the inception or general character fo the cause or external source thereof as reaonably pertinent to diagnosis or treatment
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Rule 803(4) Statements for purposes of medical diagnosis or treatment
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A statement relating to a startling event condition made while the declarant was under the stress of excitement caused by the event or condition.
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Rule 803(2) Excited Utterances
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A statement of the declarant's then existing state of mind, emotion, sensation or physical condition, such as intent, plan, motive, design, mental feeling, pain and bodily health but not including a statement of memory or belief to prove the fact rembered or believed unless it relates to the execution, revocation, identification or terms of declarant's will.
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Rule 803(3) Then existing mental, emotional, or physical condition.
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What is the Hearsay Rule?
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Rule 802: 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.
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What is Rule 801(a)
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Definition of a statement: is an oral or written assertion or nonverbal conduct of a person, if it is intended by the person as an assertion.
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What is Rule 801(b)
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Definition of Declarant: A declarant is a person who makes a statement
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When is a statement not hearsay and state the rule/
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A statement is not hearsay if it is a prior statment by a witness during trial or hearing and is subject to cross concerning the statement and the statement is 1. inconsistent witht he declarant's testimony and 2. consistent witht eh declarant's testimony and is offered to rebut an express or implied charge.
A statement is also not hearsay when it is an admission by a party opponent
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What is an admission by party-opponent?
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Rule 801(d)(2) A party's own statement offered against the party in either individual or representative capacity. It can also be a statment by a person where the party has manifested an adoption or belief in its truth.
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What is Hearsay?
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Rule: 801(c) A statment, other than one made by the declarant while testifying at the current trial or hearing, offered in evidence to prove the truth of the matter asserted.
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What is Rule 801 comprised of?
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Definitions of Hearsay
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Name the rules of 801
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801(a) statement
801(b) Declarant
801(C) Hearsay
801(d) Statements which are not hearsay
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Where are the Hearsay Exception's found regarding unavailability of declarant?
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Rule 804
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If the declarant is unavailable as a witness which hearsay exceptions prevent exclusion
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Rule 804(b)(1) former Testimony
Rule 804(b)(2) Dying Declaration
Rule 804(b)(3) Statement against interest
Rule 804(b)(6) Forfeiture by wrongdoing
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