PPT-CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE

P JANICKE 2018 ONLY STATEMENTS CAN BE HEARSAY EVIDENCE CANT BE REVEALED IN COURT MUCH HUMAN DISCOURSE IS NONSTATEMENT 3 statements UTTERANCES MEANINGS UTTERANCE ANYTHING WE SAY OR WRITE. Key Concepts: Hearsay Statement Is Admissible If Declarant Makes the Statement While Perceiving : Hearsay Statement Is Admissible If  Both Exceptions Assume that Declarant Is Less  492  Learning E BY:. Gustavo . G.. Sarah . K.. DESTINY S.. What is Evidence?. To understand what constitutes EVIDENCE in a court of law, it is easier to first understand what . DOES NOT quality as evidence. . . -Statements, arguments, questions, or objections made by the attorneys, ARE NOT EVIDENCE.. BY Michael Johnson. Common law definition. “ An out-of-court statement offered to prove the truth of the matter asserted”. “the hearsay rule”. --Hearsay is not admissible. (TRUTH = NEARLY ALL OF IT . Keaton Transcript. FACTS. . Civil Action for assault and battery brought by plaintiff Mia Keaton against defendant Woody Brooks. Keaton claims that Brooks struck her numerous times with a windshield cleaning tool at a "Jet" self-service station. Brooks denies striking Keaton, and in the alternative contends that any action he may have taken with regard to Keaton was in self-defense. Testifying on plaintiff Keaton's behalf is Ann Hall, who was present at the gas station at the time of the incident.. Session Agenda. What is hearsay?. Why is hearsay important?. Hearsay exceptions commonly used in child abuse cases. The impact of . Crawford v. Washington. on hearsay. Impact of . Crawford. on forensic interviews. P. JANICKE. 2018. ONLY “STATEMENTS” CAN BE HEARSAY EVIDENCE – . CAN’T BE REVEALED IN COURT. MUCH HUMAN DISCOURSE IS NON-STATEMENT. 3. statements. UTTERANCES. 2018.REV2. Chap. 3 -- Intro to Hearsay. P. JANICKE. 2012. 2012. Chap. 13 -- Authentication. 2. AUTHENTICATION. A SUBSET OF RELEVANCE. AUTHENTICATION EVIDENCE IS. NEEDED BEFORE DOCUMENTS AND TANGIBLE THINGS ARE RECEIVED IN EVIDENCE. NOT NEEDED FOR TESTIMONY. Prof. JANICKE. 2018. 2018. Chap. 6: Witness Competency. 2. MODERN VIEW. NEARLY EVERYONE IS COMPETENT. WIT. MUST BE HELPFUL BY HAVING SOME LEVEL OF ABILITY :. TO OBSERVE. TO REMEMBER. TO RELATE. 2018. Prof. JANICKE. 2018. 2018. Chap. 13 -- Authentication. 2. AUTHENTICATION. A SUBSET OF RELEVANCE. AUTHENTICATION EVIDENCE IS. NEEDED BEFORE DOCUMENTS AND TANGIBLE THINGS ARE RECEIVED IN EVIDENCE. NOT NEEDED FOR TESTIMONY. FALL . 2018. 2018. Chap. 12 -- Privileges. 2. DEFINITION. A PRIVILEGE IS A RIGHT OF SOME PERSON OR ENTITY TO BLOCK THE ADMISSION OF CERTAIN KINDS OF EVIDENCE IN A CASE. EVEN THOUGH RELEVANT. EVEN THOUGH CRUCIAL. Prof. JANICKE. 2018. Evid. Intro. Chap. 1. THE SUBJECT IS:. A BODY OF RULES, TELLING LAWYERS WHAT THEY CAN AND CAN’T (MOSTLY) DO TO . ESTABLISH FACTS. AT TRIAL. “LAW” POINTS ARE ESTABLISHED DIFFERENTLY; NO RULES OF EVIDENCE APPLY. Prof. JANICKE. 2018. 2018. Chap. 4, part 2. 2. RULE 802 EXCLUDES MOST HEARSAY. BUT THERE ARE EXCEPTIONS. CONTEXT: THE EVIDENCE . IS . HEARSAY, BUT IS ALLOWED IN ANYWAY. 2018. Chap. 4, part 2. 3. TWO GROUPS OF EXCEPTIONS TO THE RULE THAT HEARSAY EVIDENCE IS INADMISSIBLE. Evidence Rules Outside of Trials Thomas M. Hruz Overview What are the applicable rules? Scope of the Rules of Evidence. Administrative P roceedings. Arbitration. Why disparate treatment of evidentiary rules in trial vs. non-trial contexts? CHAPTER 4, PART C: EXCEPTIONS TO THE RULE THAT HEARSAY IS INADMISSIBLE Prof. JANICKE 2019 2019 Chap. 4, part C 2 RULE 802 EXCLUDES MOST HEARSAY BUT THERE ARE EXCEPTIONS CONTEXT: THE EVIDENCE IS HEARSAY, BUT IS ALLOWED IN ANYWAY