Hearsay & its exceptions

Question 1

Hearsay

Answer 1

out of court statement offered to prove the truth of the matter asserted = NOT ADMISSIBLE

Question 2

Present Sense Impression

Answer 2

Observations
a. Talking about what you’re observing it WHILE you’re observing it
b. Who; what; where

Question 3

Excited Utterances

Answer 3

Statement made while excited!

Question 4

then existing state of mind

Answer 4

a. Refers to intent or emotion
b. Statement about future conduct, travel, etc.
c. Statement about emotions

Question 5

Business Record

Answer 5

record kept in regular course of business
a. Must be done all the time
b. Have to be asking about the entire document
c. Notations, statements transcribed = inadmissible

Question 6

Dying declaration

Answer 6

a. Statement made in belief of impending death;
b. Statement about why they think they’re dying;
c. Only in homicide or civil cases;
d. At trial, person must be legally unavailable to testify

Question 7

Statement Against Interest

Answer 7

a. Declarant (party or non party) makes a statement
b. Statement that makes you look liable / guilty
c. Person that made the statement must be unavailable to testify