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11 Cards in this Set
- Front
- Back
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True or False Admission By A Party Opponent Is Hearsay |
False |
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What Are The Two Major FRE 801(d) |
FRE 801(d)(1) Prior Statements (Inconsistent & Consistent and Identification) & FRE 801(d)(2) Admissions by Party Opponent |
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What are the 4 Requirements of FRE 801? |
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Give Examples of Other Proceedings under FRE 801(d)(1) That Could Be A Basis For a Prior Inconsistent Statement |
Plea Hearings, Grand Jury Testimony, Other Trials, |
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True or False A statement in an affidavit generated from a custodial interrogation under oath by a police officer is considered a prior statement under FRE 801(d)(1)(a) |
False |
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True or False A Prior Consistent Statement must be given under oath. |
False FRE 801(d)(1)(b) does not require the consistent statement to have been given while under oath as is required by FRE 801(d)(1)(a). |
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What does FRE 801(d)(1)(c) cover? |
The Prior Identification of a person made by the witness on the stand in current proceeding to be admitted as a prior statement. |
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What are three examples of a prior identification that is admissible under FRE 801(d)(1)(c) |
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True or False The witness has to be able to identify the person in the current trial while given testimony for the prior identification to be admissible. Under FRE 801(d)(1)(c) |
False The statement is admissible regardless of the witnesses current ability to identify the person in the current trial. |
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True or False 801(d)(1)(c) simply requires a prior identification and the declarant to be subject to cross-examination. |
True The declarant must have (1) made a prior identificaiton and the (2) declarant must be available for cross examination |
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5 Types of Admissions Covered Under FRE 801(d)(2) Memory Mnemoic: IA-AA-AU-AG-Co |
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