803: Declarant's availability immaterial

Question 1

803(1)?

Answer 1

Present sense impression

Question 2

803(2)?

Answer 2

Excited utterance

Question 3

Present sense impression is

Answer 3

(1) a statement describing or explaining an event or condition, and
(2) made while or immediately after the declarant perceived it.

Question 4

T/F: Present sense impression may include an analysis.

Answer 4

FALSE.

No analysis necessary.

Question 5

Excited utterance is

Answer 5

(1) a statement relating to a startling event or condition, and
(2) made while the declarant was under the stress of excitement that it caused.

Question 6

T/F: Excited utterance may include an analysis.

Answer 6

TRUE.

Question 7

T/F: Excited utterance is subjective.

Answer 7

TRUE

speaking while excited during a starting event/condition is subjective.

Question 8

803(3)?

Answer 8

State of mind

Question 9

State of mind can be shown in

Answer 9

A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health).

Question 10

Under 803(3), the statement cannot include a

Answer 10

memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.

Question 11

T/F: a then-existing statement is admissible if its present tense

Answer 11

TRUE.

Question 12

State of mind can also include?

Answer 12

motive, intent or plan.

Question 13

“I am bored because my favorite show did not come on tonight.”

Admissible or Inadmissible? Why.

Answer 13

Not admissible after the word “ “because”

“I am bored” is an emotion and is admissible as a mental feeling.

Question 14

“I am hungry.”

Admissible or Inadmissible?
Why.

Answer 14

Admissible because it describes a physical condition.

Question 15

803(4)?

Answer 15

Medical diagnosis or treatment

Question 16

To bring a statement in under 803(4), the statement must? [3]

Answer 16

1. The statement must be made for a medical diagnosis or treatment.
2. The statement must be reasonably pertinent to diagnosis or treatment.

3, The statement must describe (a) medical history, (b) past or present symptoms or sensations, or (c) the inception of the condition or its general cause.

Question 17

T/F: A statement made for medical diagnosis or treatment can only be made to a doctor or specialist.

Answer 17

FALSE.

Can be made to someone outside of the medical field if for purpose of diagnosis or treatment.

Question 18

T/F: A statement identifying the abuser is not allowed.

Answer 18

Depends.

In domestic or child abuse cases, some courts allow the statement to prove identity of abuser.

Question 19

803(5)?

Answer 19

Recorded recollection

Question 20

6 elements for recorded recollection

Answer 20

1. The out of court statement must appear in a record
2. Witness must have made or adopt the record.
3. Witness must once had personal knowledge of the information contained in the record
4. Witness must have made or adopted the record at the time it was fresh in their memory
5. Witness must testify at the time they made or adopted the record, the information was accurate.
6. Now, the witness cannot no longer recall the information contained in the record

Question 21

T/F: Recorded recollection can only be used when declarant is a witness

Answer 21

TRUE

Question 22

T/F: The witness can keep + read the record on the stand for recorded recollection

Answer 22

TRUE

Question 23

T/F: The party offering the evidence may offer the record as an exhibit [recorded recollection]

Answer 23

FALSE.

The opposing party offers as an exhibit

Question 24

803(6)?

Answer 24

Business records

Question 25

A record is ___ _____ of information that an _________ documents.

Answer 25

any kind organization

Question 26

For a business record, the information must be recorded by a person with _____ ______ or a person who ______ the information from ________ ? [803(6)(a)]

Answer 26

personal knowledge received someone inside the organization with personal knowledge

Question 27

T/F: The business record can be made at any time.

Answer 27

FALSE. The business record must be made “at or near the time: of the act, event, condition, opinion, or diagnosis. a reasonable time

Question 28

A business record is kept in the ____ of ______ _____ _____ when the entity ____ on the document as part of its _____ ____. [803(6)(b)]

Answer 28

course regularly conducted activity relies regular business

Question 29

Making the business record was a ____ ____ __ ____ ____. | [803(6)(c)]

Answer 29

regular practice of that activity | record is made on a regular or routine basis

Question 30

T/F: A business record made solely for litigation can still satisfy the "regular practice" requirement under 803(6)(c).

Answer 30

FALSE.

Question 31

The business must be introduced by a ____ or _____ ____ or by a _____ under 902(11) or (12). [803(6)(d)].

Answer 31

custodian qualified witness certification

Question 32

T/F: The qualified witness introducing the business record has to be the person who made it.

Answer 32

FALSE. Witness has to have knowledge of the organization’s recordkeeping practices.

Question 33

The burden is on the _____ of the business record to show the record lacks ________. [803(6)(e)].

Answer 33

opponent trustworthiness

Question 34

803(8) ?

Answer 34

Public records

Question 35

To qualify as a public record, the document can come from ? | [803(8)(a)]

Answer 35

Government agencies private organizations State/federal law enforcement agencies

Question 36

T/F: If the record is found to be both a business record + a public record, only 803(8) requirements have to be met.

Answer 36

FALSE. Both 803(6) - business records AND 803(8) - public records requirements have to be satisfied

Question 37

T/F: Public records of office activities are admissible under 803(8)(a)(i)?

Answer 37

TRUE. Good job!

Question 38

Observations pursuant to the agency's duty are generally ____ but matters observed by law enforcement against criminal defendants are _____ unless they are _____. [803(8)(a)(ii)]

Answer 38

admissible not admissible ministerial (neutral)

Question 39

Factual findings from a legally authorized investigation in civil cases + in criminal cases when the government is a party are ____ under 803(8)(a)(iii).

Answer 39

admissible

Question 40

Public records are ___ _____ if the result from an investigation against a criminal defendant.

Answer 40

not admissible

Question 41

Records are ____ _____ if they lack _______. | [803(8)(b)]

Answer 41

not admissible trustworthiness