Evidence & Trial Practice Flashcards

A bystander says 'That blue car is running the red light' as she watches it happen. Under the FRE, this statement is best admitted as:

Answer: A present sense impression

FRE 803(1) covers statements describing an event made while or immediately after the declarant perceived it.

Under FRE 804(b)(2), a dying declaration is admissible in which proceedings?

Answer: Homicide prosecutions and civil cases

The federal dying declaration exception applies only in homicide prosecutions and civil actions.

Which hearsay exception requires that the declarant be unavailable?

Answer: Statement against interest

Statements against interest fall under FRE 804(b)(3), which requires unavailability.

Former testimony is admissible against a party under FRE 804(b)(1) only if that party (or, in civil cases, a predecessor in interest) had:

Answer: An opportunity and similar motive to develop the testimony

FRE 804(b)(1) requires an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

A business record under FRE 803(6) may be authenticated without live testimony by:

Answer: A certification complying with FRE 902(11) or 902(12)

FRE 902(11) and (12) allow a qualified person's written certification instead of live custodian testimony.

A witness cannot recall details, so counsel offers a memo the witness made when the matter was fresh. Under FRE 803(5), the memo:

Answer: May be read into evidence but received as an exhibit only if offered by an adverse party

Recorded recollection may be read to the jury but becomes an exhibit only if the adverse party offers it.

A witness's prior inconsistent statement is non-hearsay substantive evidence under FRE 801(d)(1)(A) only if it was:

Answer: Made under penalty of perjury at a trial, hearing, other proceeding, or deposition

Only prior inconsistent statements given under oath in a formal proceeding or deposition are substantive evidence.