Verbal Acts/Operative Facts – Not Hearsay
Statements whose relevance is independently significant of their truth.
Types:
Transactional words
Actual words of contract, will, or deed.
Tortious words
Actual words of libel or slander in a defamation action.
EX: In a …
Habit Evidence—RULE 406
Evidence of the habit of a person or the routine practice of an organization, whether corroborated or not, and regardless of the presence of eye witness is relevant to prove conduct in conformity with the habit …
State v. Larson Case Brief (1992) –
Evidence Assists Jury to Evaluate Fact and Apply Experience Admissible
guy rides horse w/ kid even though warned horse was inexperienced
kid dies
comparison of guy’s BAL v. DUI…
FRE 103 – Rulings on Evidence
(a) Effect of erroneous ruling – NO Error for ruling which admits or excludes evidence unless a substantial right of the party is affected, and
(1) Objection –ruling admits timely …
Summary of major hearsay exceptions:
| SUMMARY OF MAJOR HEARSAY EXCEPTIONS | |
| Present Sense Impression | Statement made concurrently with perception of event described |
| Excited Utterance | Statement made while under stress of excitement of startling event |
| State of Mind/Mental Condition |
Evidence Outline
1. Introduction and Preliminary Matters
Pre amble: The Rules of Evidence are always subject to the higher law of
the Constitution.
1. FEDERAL RULES DO NOT APPLY IN ALL JUDICIAL PROCEEDINGS
1. Ex: Grand Jury, extraditions, application …
GENERAL PROVISIONS
Rulings on Evidence
Objections-RULE 103
Where a trial court admits evidence a timely and specific objection to the admission of such evidence must be made to preserve that issue for appeal, unless plain error is involved
Prejudicial …
Hearsay Exceptions are such a pain in the ass. Never forget them again with this hilarious video and corresponding song for evidence hearsay exceptions.…
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