EVIDENCE: HEARSAY Exam Questions and Answers 100% Solved
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Course
EVIDENCE
Institution
EVIDENCE
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 _______ - Rtwentythree (23) exceptions
...
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;
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