Hearsay & Exceptions Flashcards

1
Q

Hearsay/Define

A

Hearsay is an out of court statement offered to prove the truth of the matter asserted. It is generally not admissible, but there are exceptions.

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2
Q

Hearsay Exceptions/Business Record

A

Business or Public records are admissible if [made in the regular course of business], [at or near the time of the event], and based on the personal knowledge of the entrant who has an authority to record or someone with the duty to transmit information to the entrant.

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3
Q

Hearsay Exceptions/Business Record - Hospital Record

A

Hospital records are generally admissible if they relate to medical diagnosis or treatment of the patient.

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4
Q

Hearsay Exceptions/Business Record - Police Report

A

Police reports may qualify as business records in civil cases.

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5
Q

Hearsay Exceptions/Dying Declaration

A

Dying declaration is admissible. It is a statement made by an unavailable witness when he believes his death is imminent. ***

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6
Q

Hearsay Exceptions/Excited Utterance

A

Excited Utterance is admissible. It is statement made by a witness during or soon after a startling event, while under the stress or excitement caused by the event

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7
Q

Hearsay Exceptions/Present Sense Impression

A

Present sense impression is admissible. It is a statement made by a witness describing or explaining an event while perceiving it or immediately thereafter.

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8
Q

Hearsay Exceptions/Bodily Condition

A

Present bodily condition is admissible. It is a statement generally made by a witness about present pain or symptoms. Past bodily condition is admissible if made to a medical doctor or personnel to assist diagnosis or treatment. [Note: Physician-patient privilege is waived by patient when he introduces his medical record at trial].

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9
Q

Hearsay Exceptions/Present State of Mind

A

A statement of intent to do something in the future is admissible to show the intent was carried out.

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