Lecture 9. Article VIII. Hearsay Exceptions

Question 1

What are the three categories of hearsay under the Federal Rules of Evidence?

Answer 1

• Hearsay
• Not hearsay
• Hearsay exceptions

Question 2

What are the two types of hearsay exceptions based on the availability of the declarant?

Answer 2

• Rule 803: Exceptions regardless of the declarant’s availability
• Rule 804: Exceptions when the declarant is unavailable

Question 3

What is Rule 803 about?

Answer 3

Rule 803 provides exceptions to the hearsay rule regardless of whether the declarant is available as a witness.

Question 4

What is the “Present Sense Impression” exception under Rule 803?

Answer 4

A statement describing or explaining an event or condition made while or immediately after the declarant perceived it.

Question 5

What is the “Excited Utterance” exception under Rule 803?

Answer 5

A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event.

Question 6

What is the “Then-Existing Mental, Emotional, or Physical Condition” exception under Rule 803?

Answer 6

A statement about the declarant’s current state of mind, emotions, or physical condition, not including memory or belief.

Question 7

What is the “Statement Made for Medical Diagnosis or Treatment” exception under Rule 803?

Answer 7

A statement made for medical diagnosis or treatment that describes medical history, symptoms, or causes relevant to diagnosis or treatment.

Question 8

What is the “Recorded Recollection” exception under Rule 803?

Answer 8

A record made by a witness that accurately reflects their knowledge about a matter they can no longer recall well enough to testify about.

Question 9

What is the “Records of a Regularly Conducted Activity” exception under Rule 803?

Answer 9

A record made as part of a regular business, organization, or occupation that accurately reflects information about acts, events, or conditions.

Question 10

What is the “Absence of a Record of a Regularly Conducted Activity” exception under Rule 803?

Answer 10

Evidence showing that a matter did not occur or exist based on the absence of a record regularly kept for such matters.

Question 11

What is the “Public Records” exception under Rule 803?

Answer 11

Records or statements from a public office about its activities, observations made under a legal duty, or factual findings from a legally authorized investigation.

Question 12

What is the “Public Records of Vital Statistics” exception under Rule 803?

Answer 12

A record of birth, death, or marriage reported to a public office in accordance with a legal duty.

Question 13

What is the “Absence of a Public Record” exception under Rule 803?

Answer 13

Testimony or certification that a diligent search failed to disclose a public record, used to prove the non-existence of the record or matter.

Question 14

What is the “Records of Religious Organisations Concerning Personal or Family History” exception under Rule 803?

Answer 14

A statement of facts about personal or family history contained in a regularly kept record of a religious organization.

Question 15

What is the “Certificates of Marriage, Baptism, and Similar Ceremonies” exception under Rule 803?

Answer 15

A statement of fact in a certificate made by an authorized person attesting to a marriage, baptism, or similar ceremony.

Question 16

What is the “Family Records” exception under Rule 803?

Answer 16

A statement of fact about personal or family history contained in a family record, such as a Bible or genealogy chart.

Question 17

What is the “Records of Documents That Affect an Interest in Property” exception under Rule 803?

Answer 17

A record that establishes or affects an interest in property, including its signing and delivery, kept in a public office.

Question 18

What is the “Statements in Documents That Affect an Interest in Property” exception under Rule 803?

Answer 18

A statement in a document that affects an interest in property, relevant to the document’s purpose, unless contradicted by later dealings.

Question 19

What is the “Statements in Ancient Documents” exception under Rule 803?

Answer 19

A statement in a document prepared before January 1, 1998, whose authenticity is established.

Question 20

What is the “Market Reports and Similar Commercial Publications” exception under Rule 803?

Answer 20

Market quotations, lists, directories, or other compilations generally relied upon by the public or by specific occupations.

Question 21

What is the “Statements in Learned Treatises, Periodicals, or Pamphlets” exception under Rule 803?

Answer 21

A statement in a treatise, periodical, or pamphlet that is established as a reliable authority by an expert witness.

Question 22

What is the “Reputation Concerning Personal or Family History” exception under Rule 803?

Answer 22

Reputation among family, associates, or the community about personal or family history, such as birth, marriage, or death.

Question 23

What is the “Reputation Concerning Boundaries or General History” exception under Rule 803?

Answer 23

Reputation in the community about land boundaries or historical events important to the community, state, or nation.

Question 24

What is the “Reputation Concerning Character” exception under Rule 803?

Answer 24

Reputation among associates or in the community about a person’s character.

Question 25

What is the “Judgment of a Previous Conviction” exception under Rule 803?

Answer 25

A final judgment of conviction for a crime punishable by death or imprisonment for more than one year, offered to prove a fact essential to the judgment.

Question 26

What is the “Judgments Involving Personal, Family, or General History, or a Boundary” exception under Rule 803?

Answer 26

A judgment admitted to prove matters of personal, family, or general history, or boundaries, that could be proved by reputation evidence.

Question 27

What is Rule 804 about?

Answer 27

Rule 804 provides exceptions to the hearsay rule when the declarant is unavailable as a witness.

Question 28

What are the five conditions that define when a declarant is unavailable under Rule 804?

Answer 28

• Privilege applies
• Refuses to testify despite a court order
• Testifies to not remembering
• Cannot testify due to death or illness
• Absence despite reasonable efforts to procure attendance

Question 29

What is the “Former Testimony” exception under Rule 804?

Answer 29

Testimony given as a witness at a prior trial, hearing, or deposition, now offered against a party who had an opportunity to cross-examine the declarant.

Question 30

What is the “Statement Under the Belief of Imminent Death” exception under Rule 804?

Answer 30

A statement made by a declarant believing death to be imminent, concerning the cause or circumstances of death, offered in a homicide case or civil case.

Question 31

What is the “Statement Against Interest” exception under Rule 804?

Answer 31

A statement that a reasonable person would make only if it were true, and which exposes the declarant to criminal or civil liability, with corroborating circumstances indicating trustworthiness.

Question 32

What is the “Statement of Personal or Family History” exception under Rule 804?

Answer 32

A statement about the declarant’s own personal or family history, or another’s history if the declarant was related to the person or closely associated with their family.

Question 33

What is the “Statement Offered Against a Party That Wrongfully Caused the Declarant’s Unavailability” exception under Rule 804?

Answer 33

A statement offered against a party who wrongfully caused the declarant’s unavailability to testify, with the intent to prevent the declarant from testifying.

Question 34

What is Rule 805 about?

Answer 34

Hearsay within hearsay is not excluded if each part of the combined statements conforms with an exception to the hearsay rule.

Question 35

What is Rule 806 about?

Answer 35

When a hearsay statement is admitted, the declarant’s credibility can be attacked and supported as if the declarant had testified in court.

Question 36

What is Rule 807 about?

Answer 36

The residual exception to the hearsay rule allows statements with sufficient guarantees of trustworthiness and greater probative value than any other available evidence.

Question 37

What are the three broad categories of admissible evidence under the hearsay exceptions?

Answer 37

• Spoken words (testimony, reputation)
• Records (public, court, vital statistics, property, religious, family, medical, business)
• Writings (books, media, ancient documents)