Hearsay

Question 1

801(c)

Answer 1

Hearsay is an out-of-court statement that is offered for the truth of the matter asserted.

Question 2

801(a)

Answer 2

“Statement” means an oral or written assertion, or conduct that someone intended to be an assertion.

Question 3

801(d)(2)(A)-(E)

Answer 3

“Admissions”
A statement is NOT hearsay if it is being offered against a party + (A) individual/representive admission; (B) adopted admission; (C) authorized admission; (D) agent admission; (C) co-conspirator admission

Question 4

801(d)(1)(A)-(C)

Answer 4

A statement is NOT hearsay if the declarant testifies, is subject to cross-examination, and (A) sworn prior inconsistent statement; (B) prior consistent statement to rebut/rehabilitate; or (C) prior ID

Question 5

3 ways that statement would NOT be hearsay because not offered for the truth of the matter asserted

Answer 5

1. Words have independent legal consequence
2. Statement offered to show declarant’s state of mind
3. Statement offered to show effect on the listener

Question 6

802

Answer 6

The Rule Against Hearsay: hearsay is not admissible unless provided otherwise by these rules, federal statute, or SCOTUS ruling

Question 7

803

Answer 7

provides exceptions to the rule against hearsay REGARDLESS of whether declarant is available as a witness

Question 8

803(1)-(5)

Answer 8

Exceptions for statements made contemporaneously or close in time to the event: (1) present sense impression; (2) excited utterance; (3) then-existing mental/emotional/physical condition; (4) statement made for medical diagnosis or treatment; (5) recorded recollection

Question 9

803(6)-(10)

Answer 9

exceptions for statements that were recorded + have a certain indicia of reliability: (6) records of regularly conducted activity; (7) absence of records of regularly conducted activity; (8) public records; (9) public records of vital statistics; (10) absence of a public record

Question 10

804

Answer 10

provides exceptions to the rule against hearsay that REQUIRE the declarant’s unavailability as a witness

Question 11

804(a)

Answer 11

Criteria for being unavailable: (1) exempt from testifying because privilege; (2) refuses to testify despite court order; (3) testifies to not remembering; (4) can’t be physically present because death or physical/mental illness; (5) can’t be physically present despite statement’s proponent’s good faith efforts.

Declarant is NOT unavailable within meaning of the rule if proponent caused their unavailability.

Question 12

804(b)(1)-(3)

Answer 12

If the declarant is unavailable to testify, the following are not excluded by the rule against hearsay: (1) former testimony; (2) dying declaration; (3) statement against interest

Question 13

Individual admissions

Answer 13

Under 801(d)(2)(A), statement is not hearsay if offered against opposing party + was made by the party in individual/representative capacity.

Question 14

Adoptive admissions

Answer 14

Under 801(d)(2)(b), statement is not hearsay if offered against opposing party + was one they manifested that they adopted/believed to be true.

Question 15

Authorized admission

Answer 15

Under 801(d)(2)(C), statement is not hearsay if offered against opposing party + was made by person to whom they authorized to speak on the subject.

Question 16

Agent admissions

Answer 16

Under 801(d)(2)(D), statement is not hearsay if offered against opposing party + (1) made by party’s agent/employee (2) about matter within the scope of the relationship (3) while it existed.

Question 17

Co-conspirator admissions

Answer 17

Under 801(d)(2)(E), statement is not hearsay if offered against opposing party + (1) was made by party’s co-conspirator (2) during the conspiracy (3) in furtherance of the conspiracy.