Best-kept Secrets of Evidence Law: 101 Principles, Practices, and Pitfalls |
From inside the book
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Page 99
... event or condition made while the declarant was perceiving the event or condition , or immediately thereafter . 45 Practices & Pitfalls : Present Sense Impression Temporal proximity is crucial . The only guarantee of reliability ...
... event or condition made while the declarant was perceiving the event or condition , or immediately thereafter . 45 Practices & Pitfalls : Present Sense Impression Temporal proximity is crucial . The only guarantee of reliability ...
Page 100
... event be exciting . This logic explains why the exception is so useful . Because the exception , theoretically ... event . Second , it must be made much closer in time to the event perceived ( more contemporaneous with the event ) ...
... event be exciting . This logic explains why the exception is so useful . Because the exception , theoretically ... event . Second , it must be made much closer in time to the event perceived ( more contemporaneous with the event ) ...
Page 103
... event , whether the declarant was under the stress of excitement caused by the event when the state- ment was made , and whether the statement " related " to the event . For example , in a personal injury case , suppose the defense ...
... event , whether the declarant was under the stress of excitement caused by the event when the state- ment was made , and whether the statement " related " to the event . For example , in a personal injury case , suppose the defense ...
Contents
Original Writings | 4 |
Opinion Testimony | 5 |
RELEVANCE BALANCED AGAINST POTENTIAL | 15 |
Copyright | |
21 other sections not shown
Common terms and phrases
3d Cir 9th Cir admissible under Rule admitted adverse party apply assertion attorney attorney-client privilege authenticity best evidence rule business records exception cert character evidence Character Witness circumstantial client co-conspirator common law communications condition confidential court credibility crime criminal defendant cross-examination declarant's declarations against interest defendant's dence denied documents establish event example exception in Rule excited utterance excluded expert witness factual Federal Rules finding hearing hearsay rule inconsistent statement issue jurors jury Law and Federal level of hearsay LEXIS 4th limited ment mind ness offered to prove opinion testimony opposing party past recollection recorded permitted personal knowledge Practices & Pitfalls present sense impression presiding judge Principles prior convictions prior statement probative value proponent prove the truth public records exception question regularly conducted activity Relationship reliability relied RICE Rules of Evidence self-authenticating specific Subsequent Remedial Measures testifying third party tion trial unavailable United vicarious admissions writing