A Declarant-Witness's Prior Statement

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Non-Hearsay:

ICIJAV. I Can Imagine Jesus A Virgin


A Declarant-Witness’s Prior Statement.
I: Prior inconsistent statement given under oath
C: Prior consistent statement given to rebut an express or implied charge / rehabilitate credibility
I: Prior statement of identification
An Opposing Party’s Statement.
J: Judicial Admission
A: Adoptive Admission
V: Vicarious statement

Hearsay Exceptions:
When Declarant is Unavailable (note: declarant, not declarant-witness.):
FIHDD. Fuck!! I Hit Declan's Dog
F: Former testimony
I: Statement against interest (ex: Fuck! I hit Declan's dog.)
H: Statement of personal or family history
D: Statement offered against party that caused Declarant's unavailability
D: Dying declaration

When Declarant's Unavailability is Immaterial:


PRLECMJ3R: Peter Rabbit Likes Eating Cookie Monster Joe's 3 Radishes
P: Present-sense impression
R: Reputation
L: Learned treatises
E: Excited utterance
C: Then-existing condition
M: Statements of medical diagnosis or treatment
J: Judgment of previous conviction
R: Recorded recollections
R: Business records (records kept in the ordinary course of business)
R: Public records

Agent Duties to Principal


Duty of care
Duty of loyalty
Duty to obey reasonable directions
Partner Duties to Partnership and other partners
Duty of care
Duty of loyalty
Board of Directors Duties to Shareholders and Corporation
Duty of care (business judgment rule)
Duty of loyalty (conflict of interest + usurp of corp. opp.)
Trustee Duties to Beneficiaries
Duty of care
Duty of loyalty (no further inquiry rule)
Duty to act impartially
Duty to invest prudently
Duty to diversify trust investments

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