Hearsay rule and exceptions exam review

What is the hearsay rule?

The hearsay rule prohibits the use of out-of-court statements to prove the truth of the matter asserted.

True or false: Hearsay is always inadmissible.

False. Hearsay can be admissible if it falls under an exception to the hearsay rule.

What does 'statement' mean in hearsay?

A 'statement' refers to an oral or written assertion or nonverbal conduct intended as an assertion.

Who is typically called a hearsay declarant?

The hearsay declarant is the person who made the out-of-court statement.

Fill in the blank: Hearsay is an out-of-court statement offered to prove __________.

the truth of the matter asserted.

Compare hearsay and non-hearsay.

Hearsay: Out-of-court statement used as evidence. Non-hearsay: Statements used for purposes other than proving the truth.

What is the rationale behind the hearsay rule?

The rule aims to prevent unreliable evidence from being presented to ensure fair trials.

True or false: Direct evidence is always more reliable than hearsay.

True. Direct evidence typically provides firsthand proof as opposed to secondhand accounts.

What is an exception to hearsay?

An exception is a scenario where hearsay can be admitted, such as excited utterances.

Give an example of hearsay.

A witness testifies, 'I heard Tom say he saw the accident.'

What does 'assertion' mean in the context of hearsay?

An assertion refers to a statement that indicates something is true or false.

What are 'statements against interest'?

These are statements made by a declarant that are against their own interest, making them more credible.

Fill in the blank: Hearsay is defined by the __________ of the statement.

purpose for which it is offered.

What is the role of the judge regarding hearsay?

The judge decides on the admissibility of hearsay evidence during trials.

Cause → Effect: Why is hearsay often viewed with skepticism?

Cause: Lack of opportunity for cross-examination. Effect: Potential for unreliable or misleading evidence.

What is the principle of 'unavailability' in hearsay?

Unavailability refers to a witness being unable to testify due to death, illness, or absence, impacting hearsay exceptions.

Excited Utterance Exception →

Statements made during a startling event. Example: "I saw the accident!"

True or False: Business records are always admissible.

False - Must be made in the regular course of business.

What is the statement against interest exception?

A statement that goes against the declarant's own interest. Example: A confession.

Fill in the blank: Dying declaration applies in __________.

Homicide or civil cases when the declarant believes they are dying.

Comparison: Present Sense Impression vs. Excited Utterance.

Both relate to spontaneous reactions; PSI describes an event, EU expresses emotion.

What is the public records exception?

Records of public offices, like birth certificates, are admissible.

Cause → Effect: Past recollection recorded.

Cause: Witness can't remember. Effect: Written record allowed in evidence.

What are learned treatises?

Books or articles used to establish facts in expert testimony.

True or False: All statements made in court are hearsay.

False - Testimony is not hearsay if the witness is present.

What is the business records exception?

Records created in the regular course of business. Example: Sales invoices.

Excited Utterance Example:

"Help! The car is on fire!" said during the emergency.

Fill in the blank: Statement against interest must be __________.

Against the declarant's own interest.

Comparison: Dying Declaration vs. Statement Against Interest.

Dying declaration pertains to fatal situations; statement against interest can occur anytime.

What is the residual exception?

Allows hearsay if it has equivalent guarantees of trustworthiness.

True or False: Hearsay exceptions apply only in criminal cases.

False - They apply in both civil and criminal cases.

Present Sense Impression Example:

"The car is speeding!" said as it passed by.

What is a statement made for medical diagnosis?

Statements made for treatment or diagnosis are admissible. Example: "I have chest pain."

Cause → Effect: Statements made for medical purposes.

Cause: Seeking treatment. Effect: Statements admissible under hearsay exceptions.

What is a declaration against interest?

A statement that a reasonable person would not make unless true.

Fill in the blank: The public records exception applies to __________.

Records of government agencies.

Witness says they heard John admit guilt.

This is hearsay; John’s statement is not admissible without an exception.

True or False: All hearsay is inadmissible.

False. Certain exceptions allow hearsay, such as excited utterances.

Fill in the blank: A statement made by a party to a lawsuit is ___ hearsay.

not considered; it's admissible under the party admission exception.

Witness recalls seeing an accident, but only recounts what others said.

This is hearsay; their testimony is based on what others allegedly experienced.

Cause: Declarant is unavailable. Effect?

Potentially admissible under exceptions like dying declarations or statements against interest.

When might a business record be admissible?

When created in the regular course of business, it can be an exception to hearsay.

Question: What is an excited utterance?

A spontaneous statement made during a startling event, admissible as an exception.

Comparison: Hearsay vs. Non-hearsay.

Hearsay: secondhand statements. Non-hearsay: firsthand evidence or direct testimony.

Question: How does a dying declaration work?

It’s admissible when the declarant believes death is imminent, relating to the cause of death.

Witness testifies about a written statement they never saw.

This is hearsay; they cannot authenticate the statement or its origin.

True or False: Prior consistent statements are always admissible.

False. They are only admissible to rebut claims of recent fabrication.

Example of hearsay exception in court?

A doctor’s report about a patient’s complaint may be admissible under medical records exception.