Question 1

Sometimes business and public records are admissible even though they are technically hearsay. The reason for this exception is that:

Accepted Answer

A)  public records and business records have the "earmark of reliability" or "probability of trustworthiness." 
B)  the courts recognize that those who make entries in public records always record facts accurately and honestly. 
C)  official records such as police records contain facts and not opinions. 
D)  business and public records are always trustworthy, and the information is admissible regardless of its source. 
A)  public records and business records have the "earmark of reliability" or "probability of trustworthiness." 
B)  the courts recognize that those who make entries in public records always record facts accurately and honestly. 
C)  official records such as police records contain facts and not opinions. 
D)  business and public records are always trustworthy, and the information is admissible regardless of its source.

Question 2

What is the rationale for admitting "former testimony" as an exception to the hearsay rule? Is it really hearsay by the definition?

Accepted Answer

The rationale for admitting "former test

Question 3

Testimony of a witness given at a former trial (former testimony):

Accepted Answer

A)  is never admissible at a subsequent trial unless the same witness that testified at the first trial appears in court at the second trial for cross-examination. 
B)  is always admissible at a subsequent trial if the witness was under oath at the first trial. 
C)  even if considered hearsay, may be admitted at a subsequent trial if the witness making the statement is legitimately unavailable and the testimony at the former trial relates substantially to the same subject matter and is between the same parties. 
D)  is not admissible at a subsequent trial unless the witness is dead, and the testimony relates to the same subject matter. 
A)  is never admissible at a subsequent trial unless the same witness that testified at the first trial appears in court at the second trial for cross-examination. 
B)  is always admissible at a subsequent trial if the witness was under oath at the first trial. 
C)  even if considered hearsay, may be admitted at a subsequent trial if the witness making the statement is legitimately unavailable and the testimony at the former trial relates substantially to the same subject matter and is between the same parties. 
D)  is not admissible at a subsequent trial unless the witness is dead, and the testimony relates to the same subject matter.

Sometimes business and public records are admissible even though they are technically hearsay. The reason for this exception is that:

What is the rationale for admitting "former testimony" as an exception to the hearsay rule? Is it really hearsay by the definition?

Testimony of a witness given at a former trial (former testimony):

The Study of Evidence: History, Development, and Approach

Burden of Proof

Proof Via Evidence

Substitutes for Admission of Evidence

Relevancy and Materiality

Competency of Evidence and Witnesses

Examination of Witnesses

Privileges

Opinions and Expert Testimony

Documentary Evidence

Real Evidence

Results of Examinations and Tests

Evidence Unconstitutionally Obtained

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Exam 10: Hearsay Rule and Exceptions

Sometimes business and public records are admissible even though they are technically hearsay. The reason for this exception is that:

What is the rationale for admitting "former testimony" as an exception to the hearsay rule? Is it really hearsay by the definition?

Testimony of a witness given at a former trial (former testimony):

The Study of Evidence: History, Development, and Approach

Burden of Proof

Proof Via Evidence

Substitutes for Admission of Evidence

Relevancy and Materiality

Competency of Evidence and Witnesses

Examination of Witnesses

Privileges

Opinions and Expert Testimony

Documentary Evidence

Real Evidence

Results of Examinations and Tests

Evidence Unconstitutionally Obtained

Filters