800s

Question 1

801 A, B, C

Answer 1

Hearsay is
1. A Statement made
2. Used for the truth of the matter asserted

Question 2

801 (D) (1)

Answer 2

A. The declarant testifies and is subject to cross examination about an inconsistent statement
B. Consistent with testimony and offered to rebut an express or implied charge that the declarant recently fabricated
C. Identifies a person as someone the declarant perceived earlier

Question 3

801 (D) (2)

Answer 3

Opposing party’s statements are excluded from hearsay

Question 4

802

Answer 4

Hearsay is not admissible unless any rules provide otherwise

Question 5

803 (1)

Answer 5

Exceptions to the rule against hearsay
A statement made explaining or describing an event or condition recently after the declarant perceived it

Question 6

803 (2)

Answer 6

A statement made while under the stress of an exciting or startling event or condition

Question 7

803 (3)

Answer 7

Statement of motive, intent, or plan, or mental feeling, pain, or bodily health
Does not include statement of belief to prove the fact remembered unless it relates to the validity or terms of the declarant’s will

Question 8

803 (4)

Answer 8

A statement that is related to medical diagnosis or treatment
describes medical history; past or present symptoms or sensations, their inception, or general cause

Question 9

803 (5)

Answer 9

Recorded Recollection
Is on the matter that the witness cannot recall well enough to testify about
Was made by the witness when the matter was fresh in the witness’s testimony
Accurately reflects the witness’s knowledge

Question 10

803 (6)

Answer 10

Records of Regularly Conducted Business Activity

Question 11

803 (6) (A)

Answer 11

Record was made at or near the time by, or info transmitted by, someone with knowledge

Question 12

803 (6) (B)

Answer 12

Kept in the course of regularly conducted activity

Question 13

803 (6) (C)

Answer 13

Making the record was a regular practice of that activity

Question 14

803 (6) (D)

Answer 14

All conditions are shown by the custodian of a qualified witness or certification that complies with 902 (11) or (12)

Question 15

803 (6) (E)

Answer 15

Neither the source nor method of preparation indicate lack of trustworthiness

Question 16

803 (7)

Answer 16

Absence of a Record of Regularly Conducted Activity
Evidence that a matter is not on record of 803 (6)

Question 17

803 (8)

Answer 17

Public records, statements of a PUBLIC OFFICE if they set out office’s activity, matter observed under legal duty to report, factual findings from a legally authorized investigation

Question 18

803 (9)

Answer 18

Public Records of Vital Statistics; birth, death, marriage, reported to public office

Question 19

803 (10)

Answer 19

Absence of Public Records, admissible to prove the statement does not exist or a matter did not occur or exist

Question 20

803 (11)

Answer 20

Records of Religious Organizations regarding personal or family history is admissible

Question 21

803 (12)

Answer 21

Certificates of Marriage, Baptism, and similar ceremonies

Question 22

803 (13)

Answer 22

Family Records, A statement of fact about family history contained in family records

Question 23

803 (14)

Answer 23

Records of Documents That Affect Interest in Property, admitted to prove content of the document that is kept in a public office, and a statute authorizes recording those documents in that office

Question 24

803 (15)

Answer 24

Statements in Documents that Affect an Interest in Property

Question 25

803 (16)

Answer 25

Statements in documents older than 20 years

Question 26

803 (17)

Answer 26

Market information relied upon by the public or people in certain occupations

Question 27

803 (18)

Answer 27

Statements in treatise, periodical, or phamplet Called to the attention of an expert on cross examination, or relied upon in direct Publication is established as reliable authority by the expert Must include the entire item in the case packet

Question 28

803 (19)

Answer 28

Reputation concerning personal or family history

Question 29

803 (20)

Answer 29

Reputation concerning boundaries or general history concerning land

Question 30

803 (21)

Answer 30

Reputation concerning character from community or associates

Question 31

803 (21)

Answer 31

Reputation concerning character from community or associates

Question 32

803 (22)

Answer 32

Judgements concerning a previous conviction, must be admitted to prove a fact essential to the judgement

Question 33

803 (23)

Answer 33

Judgements concerning personal family or general history or land boundaries if the matter was essential in the judgement and proved by evidence of reputation

Question 34

804

Answer 34

Exceptions to Hearsay when a Declarant is Unavailable as a Witness, via being exempt, refuses to testify, testifies to not remembering the subject matter, cannot be present due to death or illness

Question 35

804 (B) (1)

Answer 35

Former testimony at a trial hearing or lawful deposition

Question 36

804 (B) (2)

Answer 36

Statement made while the declarant believed their death to be imminent made about their death’s cause or circumstances

Question 37

804 (B) (3)

Answer 37

Self incriminating statements made that are believed to be reasonably true, and if used in criminal cases needs extra evidence to make it trustworthy

Question 38

804 (B) (4)

Answer 38

Statements of the declarants own family matters, even though the declarant had no way of acquiring personal knowledge about that fact Or another person if related by blood or close enough so that statements are reliable

Question 39

805

Answer 39

Hearsay within hearsay, both statements require a valid exception, else the WHOLE statements is inadmissible

Question 40

806

Answer 40

Declarants credibility may be attacked when a statement has been admitted under 801 (d) (2), C, D, or E