Hearsay rule - Study guides, Class notes & Summaries

After the close of the pleadings both P and D made motions for summary judgement. P's motion may be granted if..? correct answer: If P's proofs submitted in support of her motion are not contradicted and if P's proofs show that no genuine issue of material fact exists. Summary judgement will be granted even if D's answer denied P's complaint. Hypo: D is on trial for first degree murder and attempted armed robbery. At trial, the State calls the emergency room physician to testify t...

LEV Notes Law of Evidence (University of South Africa) lOMoARcPSD| WITNESSES 2 aspects of oral evidence: 1. COMPETENCE OF WITNESS TO TESTIFY Whether person has mental capacity to testify – if not, they are not competent to testify & court cannot hear their evidence under any circumstances Note the diff btw admissibility and competence: - Admissibility = evidence of a person who is already a competent witness - Competence = focuses on the person Parties cannot consent to admission o...

CHFI Module 1 Questions and Answers Already Passed Computer Forensics Deals with crimes committed on computing devices. Gathers, preserves, maintains, and interprets data which could be used as evidence in a court of law Types of Cybercrimes Internal: Primary threats with direct access to fragile data External: Secondary threats which utilize exploits to get the sensitive data Challenge 1: Speed Crimes happen so fast but there must be a bunch of hoops for a Forensics investigato...

Hearsay Exam All Possible Questions with Verified Answers 2024 Update with Complete Solution Why do we have a hearsay rule? How does it affect the fact-finding process? The jury can't judge hearsay very well b/c it consists of a statement that we are not watching being made. So we can't judge 4 things: memory, sincerity, perception, and narration. We usually judge those things by listening to testimony and cross-examination. We can't cross-examine the declarant. And even if the w...

AAERT Book Prep Question and answers rated A+ 2024 AAERT Book Prep Many lawsuits are ? before trial when it becomes clear its better than incurring the costs and risks of litigation. - correct answer settled Any surprises are limited to a plantiff's ? or a defendant's surrebuttal evidence, when each side is trying to impeach prior evidence presented by the opposing party. - correct answer rebuttal Exceptions to hearsay rule includes references to public ? like marriage licenses or g...

The most significant element that effects a department's reputation. - ANS The community's confidence in the police. combat effective area - ANS pelvic region up to the eyeballs The weight of bullets is measured in ________________. - ANS grains ethics - ANS establish principles of right behavior that serve as guides for individual or group actions. Peace officers are responsible for this during a lawsuit. - ANS punitive damages Best time to use a shotgun - ANS For p...

EVIDENCE: HEARSAY Exam Questions With Correct Answers Rule 803 rules MEANS - answer1. The following are not excluded by the rule against hearsay. AKA COMES IN 2. COMES IN + AVAILABILITY of DECLARANT IRRELEVANT Rule 803 specifies _____ Exceptions that apply _______ - answerRtwenty-three (23) exceptions apply whether or not the declarant is unavailable Rule 803(1) - Present Sense Impression - answerThe hearsay rule does not exclude the declarant's statement if the declarant made the st...

Relevance Standard (FRE) Evidence is relevant if it has any tendency to prove or disprove a material fact. Relevance Standard (CEC) Evidence is relevant if it tends to be material to a disputed fact. Legal Relevance Exclusion Otherwise relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or wasting time. (Both FRE and CEC) California Prop 8 In criminal trials, all relevant evid...

What are the 3 basis for search authorization? : Probable Cause Requirement Probable Cause Determination Exigencies Probable Cause Requirement : must be based upon probable cause Probable Cause Determination : may be based upon hearsay evidence in whole or in part Exigencies : insufficient time based on the reasonable belief Search 2 : for the purpose of discovering contraband, illicit or stolen property, or some other evidence to be used in the event a court martial or other legal...

Non-Compete Agreeement - ️️if you sign (in exchange for benefits) you agree to not compete for a period of time after the relationship ends (reasonable to duration, region, type of business) - illegal in California - strict legality in N Dakota; being sued over violating rights to make a livelihood Speluncean Explorers Hypothetical Ethics Case - ️️Truepenny: affirmed lower court of finding them guilty, wants Executive branch to pardon them Foster: reverse law, law of nature, peopl...