Case Study: Excited Utternace
I found six different reasons that may allow Amber to respond to this question. The first one is Excited Utternace. Rob was under stress and having excited reactions by what was going on at the time of the event so Amber was a witness as to what exactly happened after Rob was hit. Rob's memory could have been altered due to all of the emotions he was dealing with at the time of the accident. This allows Amber to answer in her own memory as to what actually occurred.
The second one that I found was relating to her being a doctor. Because she was a doctor this allows her to answer in a medical point of view as to what happened medically at the time of the accident. Her statements are of medical purposes.
The third one is Record
Recollection. If the memorandum or record concerning the event in which her being a witness would have knowledge about it, and would allow her to fully testify accurately. This record would have been made when the event was still fresh in Amber's memory. The fourth one would be Residual Exception. If her statement is considered thrust worthy and the court determines that her statement may be used as evidence.
The fifth one is Present sense Impression. If Amber being a declarant gives her statement describes or explains the event and condition right after the time it occurred.
The last one that I found had to do with existing mental, emotional, and physical conditions immediately after the accident. Not including statements of belief but facts about the event exactly how it occurred.
If Amber who would be the main witness in this case followed all of these rules while being questioned from the time of the accident to the time that she testifies in court, should be granted the opportunity to state her side of events in which they occurred. Also in her statement would be exactly what Rob told her was hurting when she told him she was a doctor. I believe that the judge will over rule this objection because Amber's profession will allow her the upper hand to give a completely professional statement.
The second one that I found was relating to her being a doctor. Because she was a doctor this allows her to answer in a medical point of view as to what happened medically at the time of the accident. Her statements are of medical purposes.
The third one is Record
Recollection. If the memorandum or record concerning the event in which her being a witness would have knowledge about it, and would allow her to fully testify accurately. This record would have been made when the event was still fresh in Amber's memory. The fourth one would be Residual Exception. If her statement is considered thrust worthy and the court determines that her statement may be used as evidence.
The fifth one is Present sense Impression. If Amber being a declarant gives her statement describes or explains the event and condition right after the time it occurred.
The last one that I found had to do with existing mental, emotional, and physical conditions immediately after the accident. Not including statements of belief but facts about the event exactly how it occurred.
If Amber who would be the main witness in this case followed all of these rules while being questioned from the time of the accident to the time that she testifies in court, should be granted the opportunity to state her side of events in which they occurred. Also in her statement would be exactly what Rob told her was hurting when she told him she was a doctor. I believe that the judge will over rule this objection because Amber's profession will allow her the upper hand to give a completely professional statement.