EVIDENCE: HEARSAY Exam Questions and Answers 100% Solved

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EVIDENCE: HEARSAY Exam Questions

and Answers 100% Solved


Rule 803 rules MEANS - ✔✔1. The following are not excluded by the rule

against hearsay. AKA COMES IN

2. COMES IN + AVAILABILITY of DECLARANT IRRELEVANT

Rule 803 specifies _____ Exceptions that apply _______ - ✔✔Rtwenty-

three (23) exceptions



apply whether or not the declarant is unavailable

Rule 803(1) - Present Sense Impression - ✔✔The hearsay rule does not

exclude the declarant's statement if the declarant made the statement while

or immediately after sensing an occurrence and the statement describes

the occurrence.1.

Under 803(1),Present Sense Impression, the statement must - ✔✔describe

or explain an event or condition.

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Rule 803(1)Present Sense Impression, does NOT require - ✔✔That the

witness who recounts the hearsay utterance have had an opportunity to

observe and check what the declarant describes

Rule 803(1) Present Sense Impression, requires that the declaration, if not

simultaneously with the event, be made - ✔✔immediately thereafter (only a

"slight lapse of time.")

803(2)- Excited Utterance: A statement relating to a

________________________________ or condition made while the

declarant was under the stress or excitement that it caused. -

✔✔STARTLING EVENT

Rule 803(2) excited utterance: requires - ✔✔A statement relating to that

event

Rule 803(2) excited utterance: requires - ✔✔Made by a declarant with first-

hand knowledge;

Rule 803(2) excited utterance: requires that statement made while -

✔✔Made while the declarant was under the stress of the excitement

caused by the event.

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Under 803(2), excited utterance, just being upset - ✔✔is insufficient

because the rationale of the exception is simply that the occurrence of

certain events may produce a state of shock, excitement, or stress in the

declarant which temporarily halts reflective thought prompting utterances

that are free of conscious fabrication.

Present Sense Impression v. excited utterance - ✔✔present sense

impression requires spontaneity given the fact the statement must be made

while the declarant was perceiving the event or immediately thereafter.The

statement must describe or explain an event or condition.




excited utterance does NOT require spontaneity as long as the statement

was made under the stress of excitement. If the event is sufficiently

startling, the period of stress may persist for some time.

Present Sense Impression v. excited utterance . - ✔✔present sense

impression need NOT relate to a startling event

present sense impression does not require that the declarant be -

✔✔emotionally affected by the occurrence

, ©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

Excited utterance and Present sense impression: BOTH of these hearsay

exceptions have in common that.... - ✔✔the DECLARANT need NOT be

known or available,



e.g. witness testifies that just after the defendant's car went out of control

in a parking lot and hit plaintiff, someone (declarant) in the crowd yelled,

"That red car did it."

803(3) - Then Existing Mental, Emotional, or Physical Condition.... WHAT

DOES IT MEAN - ✔✔COMES IN IF



a statement

1. It describes the DECLARANTS current MENTAL or PHYSICAL

condition, and

2. It is NOT A MEMORY OR BELIEF asserted for its truth (**UNLESS the

memory is CONNECTED to the DECLARANTS WILLl).

Rule 803(3) THEN EXISTING MENTAL, EMOTIONAL, OR PHYSICAL

CONDITION covers four distinct categories of statement: - ✔✔1.

Statements of present BODILY COND;