Barbri Amp Hearsay Flashcards
What is Hearsay?
An out of court statement, offered to prove the truth of the matter asserted.
The __________ exception to the hearsay rule allows a witness who has insufficient recollection of an event to read a writing into evidence in front of the jury.
Past Recollection Recorded
Statements about past bodily conditions are generally inadmissible unless
Made to assist in diagnosing or treating the condition.
T/F: Federal Rule 803(4) permits declarations about past bodily condition even when made to a doctor employed to testify?
TRUE
T/F: The hearsay exception for statements of past bodily condition does not require that the statements be made before litigation could be anticipated.
TRUE
What are the three catch-all exceptions to hearsay?
(1) The statement must have circumstantial guarantees of worthiness; (2) the statement must be more probative to a material fact than any other evidence the proponent can reasonably produce; (3) the proponent must give notice in advance of the trial to the adverse party as to the nature of the statement.
The plaintiff offers evidence that the declarant said, I intend to go to Hawaii next week, to prove that the declarant went to Hawaii the following week. This falls under which exception to the hearsay rule?
State of Mind
The dying declaration exception to the hearsay rule applies where the statement:
Concerned the cause or circumstances of what the declarant believed to be his impending death.
The Confrontation Clause prevents the prosecution in a criminal case from introducing testimonial hearsay evidence against a defendant unless:
The declarant is unavailable and the defendant had a prior opportunity to cross-examine the witness.
A declarant’s former testimony may be admitted as an exception to the hearsay rule ONLY IF
the declarant is unavailable to testify at trial.
Is a deed, will, or other document establishing or affecting an interest in property admissible under the Federal Rules?
Yes, as a hearsay exception, regardless of the document’s age.
In order for a past recollection recorded exception to apply, the witness must
Be unable to revive her memory by looking at the writing. Also, the writing must have been made by the witness, made at the witnesss direction, or adopted by the witness. Thus, the witness must have had some previous connection with the writing.
Under the hearsay rule, a statement establishing or affecting an interest in property (e.g., deed, will, etc.) is
Generally admissible under the Federal Rules as an exception to hearsay.
The general rule under the Federal Rules ancient documents exception is that any authenticated document 20 years old or more is admissible. However, statements in a document affecting property interests (e.g., a will or deed) are admissible if the document is how old?
Regardless of the age of the document.
T/F? The Federal Rules disfavor any business records made in anticipation of litigation.
True.
T/F? Under the Federal Rules, a certified copy of a felony conviction is admissible as an exception to the hearsay rule in Civil AND Criminal Cases to prove any fact essential to the judgment.
True.
T/F? Admissions of a party-opponent are considered nonhearsaythey are not exceptions to the hearsay rule.
True.
A statement against interest differs from an admission in that
the declarant does not have to be a party to the action.
The business records exception to the hearsay rule applies only where the record was made:
Only where the record was made in the regular course of business activities.
Former testimony from a now-unavailable witness may be admissible in a subsequent trial if the former testimony occurred in any of these settings:
Deposition; Prior Criminal Hearing; Prior Civil Hearing
Under the federal rules, a statement by a declarant may be imputed to a party as a vicarious admission if
the relationship is that of Principal and Agent.
Under the Federal Rules, in order for a hearsay statement to be admissible under the statements of personal or family history exception, the declarant must be a
Member of the family or otherwise intimately associated with the family.
Under the Federal Rules, a party may be held vicariously responsible for the admission of someone with any of the following relationships to the party:
Authorized spokesperson; partner; co-conspirator; principal-agent.
Admissions by a party-opponent are considered nonhearsay under the Federal Rules. For a partys statement or act to qualify as an admission, it must
Concern a fact relevant to the case.
A witnesss prior consistent statement is not hearsay if offered to
Rebut a charge that a witness is lying for a particular motive.
Under the Federal Rules, an admission by a party-opponent is
Nonhearsay. Although traditionally an exception to the hearsay rule, an admission by a party-opponent is not hearsay at all under the Federal Rules
Under the Federal Rules, the dying declaration exception to the hearsay rule applies only in
Civil Actions and Homicide Prosecutions.
The testimony of a now-unavailable witness given under oath at another hearing or in a deposition is admissible in a subsequent trial as long as
There is sufficient similarity of parties and issues.
The hearsay exception for statements against interest is only available if
the declarant is unavailable to testify at trial.
Under the Federal Rules, a court may exclude a business record prepared in anticipation of litigation from evidence if
the source of information or other circumstances indicate the record lacks trustworthiness.
T/F? Police officers’ observations contained in police reports are inadmissible against the defendant in criminal cases.
True.
T/F? For purposes of the Confrontation Clause, affidavits that summarize the findings of a forensic analyst (e.g., ballistics test results) are considered testimonial.
True.
