Hearsay - Declarant is Available Flashcards
The following hearsay exclusions do not require that the declarant be unavailable because the ______ under which the statements were made suggest that the statements are _____ trustworthy.
The following hearsay exclusions do not require that the declarant be unavailable because the circumstances under which the statements were made suggest that the statements are inherently trustworthy.
Present Sense Impression is a statement describing or explaining an event or condition that is made while or ______ after the declarant perceived it. (must be a description of the event)
Present Sense Impression is a statement describing or explaining an event or condition that is made while or immediately after the declarant perceived it.
Excited utterance is a statement made about a ____ event or condition while the declarant is under the ____ of the excitement that it caused. The event must ____ or excite the declarant and the statement must relate to the event, but the declarant need not be a ______ in the event. (must only relate to the event)
Excited utterance is a statement made about a startling event or condition while the declarant is under the stress of the excitement that it caused. The event must shock or excite the declarant and the statement must relate to the event, but the declarant need not be a participant in the event.
Statement of the declarant’s ____-existing state of _____ or emotional or sensory or physical condition is not excluded as hearsay. Must be offered to prove that the declarant acted in ______ with his stated intent.
When a declarant’s ____ condition at a particular time is in question, a statement of the declarant’s mental feeling, pain or bodily health at that time can be used to prove the _____ of that condition but not its cause. ( in most states, a statement made to a physician does not come in under this exclusion. Only the statement made for medical diagnosis or treatment exclusion)
Statement of the declarant’s then-existing state of mind or emotional or sensory or physical condition is not excluded as hearsay. Must be offered to prove that the declarant acted in accordance with his stated intent.
When a declarant’s physical condition at a particular time is in question, a statement of the declarant’s mental feeling, pain or bodily health at that time can be used to prove the existence of that condition but not its cause.
Statement made for Medical Diagnosis or Treatment is not hearsay if it describes _____ history or past or present symptoms. Need not have been made to a physician to fall under this exception, even family members are okay.
May still not be admissible it if it is protected by a physician -patient privilege.
Statement made for Medical Diagnosis or Treatment is not hearsay if it describes medical history or past or present symptoms. Need not have been made to a physician to fall under this exception, even family members are okay.
May still not be admissible it if it is protected by a physician -patient privilege.
