Exam 12: Exceptions to the Hearsay Rule

The opposing party is the only party that can introduce evidence of a past recollection recorded.

If the content of a statement relates to a startling event or condition, and the statement was made while the declarant was under the stress cause by the event or condition, then this statement is admissible whether or not the declarant is available as a witness.

Generally, when a person is under stress or excitement caused by an event, it is more likely that he or she will fabricate a statement.

According to the Federal Rules of Evidence, statements in a document in existence twenty years, the authenticity of which is established, are not bound by the hearsay rule. This exception is known as

The then-existing mental, emotional, or physical condition hearsay rule rationale is both reliability and necessity.

The present sense impression hearsay exception requires that the declarant be a participant in the event described by the statement.

A hearsay exception will not apply if the statement is not relevant.

This exception allows the admission of public records of certain documents, including births, deaths, and marriages.

What are two reasons that justify the use of hearsay as evidence?

This exception covers statements published in books, magazines, pamphlets, and other such documents.

Which one of the following witnesses would be considered available to testify?

Official records exception does not apply to writings that include matters observed by police officers.

Reputation evidence concerning personal or family history is not admissible.

The declarant does not have to be a witness in the case under the recorded recollection exception.

According to the FRE, forgetful declarants are not considered unavailable.

This is a writing, statement, report, data compilation, or other record by a government agency.

The types of reputation of evidence that are admissible do not include reputation evidence concerning

The business records exception has four important restrictions that must be met.

Which of the following admissions by a party opponent would not be admissible?

What are the three types of reputation evidence admissible under the FRE?