Imported 1

Question 1

Hearsay

Answer 1

out of court statement offered to prove the truth of the matter asserted

Question 2

nonhearsay

Answer 2

the witness’s own previous statement is not hearsay if
(A) it was given under oath and is inconsistent with the current testimony; or
(B) it is consistent with the current testimony and offered to rebut a charge of recent fabrication; or
(C) it is a statement of past identification.

Also,
Admissions by party opponents is nonhearsay if offered against that party.

Question 3

present sense impression

Answer 3

hearsay exception
A statement describing an event made while the declarant is observing it. For example, Look, there fores the president.” Rule 803(1).”

Question 4

Excited Utterance

Answer 4

hearsay exception
A statement relating to a startling event made while under the stress of excitement caused by the event. For ex, A piece of plaster fell from the roof, and just missed me.” 803(2)”

Question 5

State of mind

Answer 5

hearsay exception
a statement of the declarant’s mental state or condition. For ex, He said he was so mad he couldn’t see straight.” Rule 803(3)”

Question 6

Past recollection recorded

Answer 6

hearsay exceptio
A memorandum or record of a matter about which the witness once had knowledge but which she has since forgotten. The record must have been made by the witness when the events were fresh in the witness’s mind and must be shown to have been accurate when made. Rule 803(5).

Question 7

Business Records

Answer 7

hearsay exception
Applies to records of any regularly conducted activity. To qualify as an exception to the hearsay rule, the record must have been made at or near the time of the transaction by a person with knowledge or transmitted from a person with knowledge. It must have been made and kept in the ordinary course of business. The foundation for a business record may be laid by the custodian of the record of by some other qualified witness. Rule 803(6). Alternatively, the foundation for a business record may provided by certification” making it unnecessary for the witness to appear in court. Rule 902(11).”

Question 8

Reputation as to Character

Answer 8

hearsay exception
Ev of a person’s reputation for truth and veracity is an exception to the hearsay rule. Note that there are restrictions other than hearsay on the admissibility of character evidence (discussed below). Rule 803(21).

Question 9

Prior testimony

Answer 9

hearsay exception
Testimony given at a different proceeding, or in deposition, qualifies for this exception if (1) the testimony was given under oath; (2) the adverse party had an opportunity to cross-examine; and (3) the witness is currently unavailable. Rule 804(b)(1).

Question 10

Dying declaration

Answer 10

hearsay exception
A statement by a dying person as to the cause or circumstances of what he believed to be impending death. Admissible only in homicide prosecutions or civil cases. Rule 804(b)(2).

Question 11

statement against interest

Answer 11

hearsay exception
a statement so contrary to the declarant’s pecuniary proprietary, or penal interest that no reasonable person would have made it unless it were true. The declarant must be unavailable, and certain other limitations apply in criminal cases. Rule 804(b)(3).

Question 12

Catch-all exception

Answer 12

hearsay exception
other hearsay statements may be admitted if they contain sufficient circumstantial guarantees of trustworthiness. The declarant must be unavailable, and advance notice must be given to the adverse party. Rule 807.