Short & Happy Guide Chapter 7 Hearsay Exceptions Flashcards
________ _______ are exactly what they seem to be; if a statement is excluded because it is prohibited under FRE 802, then these exceptions offer a process to “override” that prohibition.
Hearsay Exceptions
Hearsay Exceptions are exactly what they seem to be; if a statement is excluded because it is prohibited under FRE 802, then these exceptions offer a process to “override” that prohibition.
The FRE provide three rules that set out these exceptions:
1.
2.
3.
- 803
- 804
- 807
If a statement would otherwise be excluded under the hearsay rule, and if that statement meets one of the exceptions set out in these rules, then the evidence is excepted from the hearsay rule and is not excluded. True or False.
True
Do not forget that although a statement may not be excluded because of an exception, a different rule may keep the evidence from being admitted. !!
!!
The federal rules have the exceptions broken down into three primary categories. Unofficially, these are called the _____ exceptions, the ______ exceptions, and the ______ exception.
strong
weak
residual
The ______ exceptions are those listed in FRE 803 and are called “_______” because these exceptions will apply regardless of the declarant’s availability to testify.
strong
strong
The strong exceptions are those listed in FRE 803 and are called strong because these exceptions will apply regardless of the ________ _________ to _________.
declarant’s availability to testify
The _____ exceptions are set out in FRE 804 and apply only if the declarant is unavailable to testify.
weak
The weak exceptions are set out in FRE 804 and apply only if the _________ is _________ to ________.
declarant is unavailable to testify.
The weak exceptions are set out in FRE 804 and apply ______ if the declarant is unavailable to testify.
ONLY
Availability of declarant is NOT required.
FRE 803 Strong Exceptions
The declarant MUST be unavailable to testify.
FRE 804 Weak Exceptions
The ________ exception, which is also referred to as the “catch all” exception, found under FRE 807.
residual
The residual exception, which is also referred to as the ____ ____ exception, found under FRE 807.
catch all
The ______ exception is the “kitchen sink” exception.
residual
It’s like throwing in everything you can think of, in an attempt to keep the hearsay from being excluded.
Residual Exception
FRE 803 contains ____ strong exceptions.
23
The theory behind these exceptions is that the statements are _______ when they have been made under the circumstances set out in each exception. FRE 803.
reliable
Whether you agree or not, it is part of the hearsay challenge to attack a statement and keep it out of evidence. Likewise, it is challenging to see how you might get a statement in evidence under one of these ______ exceptions.
strong
FRE ______ provides that “the following kinds of statements are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness.”
FRE 803
FRE 803 provides that the following kinds of statements are not _______ by the rule against hearsay, regardless of whether the ______ is available as a witness.
excluded
declarant
The part of the rule that says, “regardless of whether the declarant is available as a witness” is what makes the rule _______.
strong
Therefore, the only real requirement is that a statement specifically meets the requirements of the individual exception.
What rule?
FRE 803
FRE 803(1)
Present Sense Impression