Lesson 5

Question 1

Dying Declaration

Answer 1

An out-of-court statement made by a dying declarant is admissible to establish the truth of the statement if:

(1) the declarant is unavailable;
(2) at the time of the statement, the declarant believed death to be imminent and certain;
(3) statement relates to the cause of death; and (4) declarant has personal knowledge.

Question 2

Excited Utterance

Answer 2

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

Question 3

Present Sense Impression

Answer 3

Statements made by a person while perceiving an event or condition, which describe or explain that event or condition.

Question 4

Admissions

Answer 4

Statement/conduct of a party opponent offered as evidence against that party.

Question 5

Declarations Against Interests

Answer 5

Statements made by a non-party against his own interest.

Question 6

State of Mind

Answer 6

Statement of the declarant’s then-existing state of mind, emotion, sensation, or physical condition, but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification or terms of declarant’s will.

Question 7

State of Body

Answer 7

Declarant’s assertion of his physical condition.

Question 8

Former Testimony

Answer 8

Former testimony may be introduced into evidence if:

(1) it was made under oath and there was an opportunity for cross-examination;
(2) the parties are identical,
(3) the issues are identical; and
(4) the declarant is unavailable.

Question 9

Past Recollection Recorded

Answer 9

Allows to be read into evidence a writing made or adopted in the past by the witness on the stand, where the witness now has insufficient memory to testify to the facts contained therein.

Question 10

Business Record

Answer 10

Records of business concerns and related enterprises may be entered into evidence.

Question 11

Official Records

Answer 11

Officialrecordsorreportsfrompublicofficesoragenciesmaybeenteredintotherecord.

Question 12

Judgments

Answer 12

A certified copy of any court of record’s judgment is admissible to prove that judgment has been entered.

Question 13

Ancient Documents

Answer 13

Statements in documents twenty or more years old are admissible. Authenticity, however, must be established.

Question 14

Learned Treatises

Answer 14

Statementsfrombooksortreatises,eventhoughwrittenbyrecognizedauthorities,are
generally held inadmissible hearsay. However, an expert may refer to the contents of treatises in his field, either in stating the basis for his opinion or if called to his attention or examination.

Question 15

Family Pedigree

Answer 15

Statements necessary to establish births, deaths, marriages, divorces, and adoptions in domestic and probate disputes are admissible.

Question 16

Reputation Evidence

Answer 16

A tradition or reputation in a family is admissible to prove a fact of personal or family history.

Question 17

Prior Identification

Answer 17

A previous out-of-court identification of a person is admissible in some jurisdictions.

Question 18

Prior Inconsistent Statement

Answer 18

In a majority of the jurisdictions, prior inconsistent statements are admissible only for impeachment purposes.

Question 19

Federal Catchall

Answer 19

Under the Federal Catchall exception, hearsay is admissible if:

(1) circumstances guarantee trustworthiness; and
(2) evidence of a material fact,
(3) more probative of fact than any other evidence which proponent could produce,
(4) serves interests of justice, and
(5) proponent gives notice to adverse party in advance of trial as to nature of hearsay—gives opponent chance to rebut.