Hearsay & Exceptions

Question 1

What is hearsay

Answer 1

out of court statement made for the truth of the matter asserted

Question 2

What are the exclusion for hearsay under 801(d)(1)

Answer 2

declarant/witness statement

available to testify at the present trial and

1. prior inconsistent statement made under penalty or perjury
2. prior consistent statement
3. prior identification of person

Question 3

What are the exclusion for opposing party statement under 801(d)(2)

Answer 3

opposing party statement

offered against the opposing party

made by individual or representative
is one the party manifested and adopted to be true
made by person party authorized
made by party agent or employee
co-conspirator in furtherance of crime

Question 4

What exceptions when the declarant is unavailable as a witness?

Answer 4

former testimony
dying declaration
statement against interest
statement of person family history
statement against party that caused unavaiblity

Question 5

What are requirements for dying declaration?

Answer 5

believe imminent death and statement pertains to that

only applies in homcide or civil cases

Question 6

What is a statement against interest?

Answer 6

against declarants interest and reasonable person wouldn’t believe the statement if it were true

Question 7

Statement of person family history

Answer 7

statements about birth, adoption, divorce etc are not hearsay

Question 8

Present Sense Impression

Answer 8

explain or describing event condition made while immediately perceiving it

Question 9

Excited Utterance

Answer 9

made under the stress and excitement of the event

Question 10

Statement of mental, emotional, or physical condition

Answer 10

statement of then -existing condition

Question 11

Statement made for medical diagnosis

Answer 11

describing medical history or past/present sysmtpon if made for purposes of diagnosis or treatment

doesn’t need to be made to physician but can be

Question 12

Recorded Recollection

Answer 12

record no longer exclusive if on a matter that witness once knew, made while fresh in memory, accurately reflect their knowledge, witness state that he cant recall

Question 13

Business Records

Answer 13

record kept in regular course of business, making of the record was regular practice, and record was made at or near time by someone with knowledge

Question 14

public records

Answer 14

statement of office/agency that sets out activities of the office

Question 15

learned treatise

Answer 15

statement in treatise, periodical or ohamplet,

not excluded if expert witness relied on it and it is reliable authority

Question 16

judgement of previous conviction

Answer 16

final judgment must be tiered after trial or guilty please
conviction was for crime punishable by death greater than one year

Question 17

What is requirement for double hearsay?

Answer 17

BOTH must meet an exception to be admissible

Question 18

Absence of Public records

Answer 18

testimony by public official that diligent search ailed to disclosure public record is advisable to prove that the record doesn’t except, if the office regularly keeps record