Hearsay and its admissibility Bar Exam Flashcards - Medical Study Cards
Master Hearsay and its admissibility with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Hearsay and its admissibility Flashcard Deck - 10 Cards
Flashcard 1: What are the requirements for admitting a dying declaration under the majority federal rule?
Answer: The declarant must be unavailable, the statement must concern the cause or circumstances of what the declarant believed to be impending death, and it must be offered in a homicide prosecution or civil case. The declarant need not actually die, but must have had a settled belief that death was imminent.
Flashcard 2: What are the requirements for admitting a statement against interest under the majority federal rule?
Answer: The declarant must be unavailable, and the statement must have been against the declarant’s pecuniary, proprietary, or penal interest when made such that a reasonable person would not have made it unless believing it true. In a criminal case, a statement exposing the declarant to criminal liability requires corroborating circumstances clearly indicating trustworthiness.
Flashcard 3: What is required for the hearsay exception for statements made for medical diagnosis or treatment?
Answer: The statement must be made for—and reasonably pertinent to—medical diagnosis or treatment and describe medical history, past or present symptoms or sensations, their inception, or their general cause. The declarant need not be the patient if the statement otherwise meets the rule.
Flashcard 4: What are the requirements for admitting a statement under the residual hearsay exception?
Answer: Under FRE 807, the statement must have equivalent circumstantial guarantees of trustworthiness, concern a material fact, be more probative than any other reasonably obtainable evidence, and serve the interests of justice and the purposes of the hearsay rules; in a criminal case, corroborating circumstances must support its trustworthiness. The proponent must also give reasonable notice of the statement and its particulars.
Flashcard 5: Under FRE 801(d)(1)(A), when is a declarant’s prior inconsistent statement admissible for its truth?
Answer: The declarant must testify and be subject to cross-examination about the prior statement, which must be inconsistent with the testimony and given under penalty of perjury at a trial, hearing, deposition, or other proceeding. Otherwise, a prior inconsistent statement is generally admissible only for impeachment.
Flashcard 6: When is an out-of-court statement not hearsay because it is offered for a purpose other than proving its truth?
Answer: Under the majority federal rule, the statement is not hearsay when offered for a nontruth purpose such as showing its effect on the listener, notice, knowledge, or the declarant’s state of mind. Legally operative words, such as an offer or defamatory statement, may also be admitted for their legal effect rather than their truth.
Flashcard 7: What foundation is required for the business-records exception?
Answer: The record must be made at or near the time by—or from information transmitted by—someone with knowledge, kept in the regularly conducted activity of a business or organization, and made as a regular practice, with those facts established by a custodian, qualified witness, certification, or another permitted method. The proponent must also show that neither the source nor the method indicates a lack of trustworthiness.
Flashcard 8: What is required for a present-sense impression or excited utterance?
Answer: A present-sense impression describes or explains an event or condition while or immediately after the declarant perceives it; an excited utterance concerns a startling event and is made while the declarant remains under the stress of excitement it caused. Under the majority federal rule, neither exception requires the declarant to be unavailable.
Flashcard 9: What statements qualify as opposing-party statements under the majority federal rule?
Answer: A statement is admissible when offered against an opposing party and made by that party, adopted or believed by that party, authorized by the party, made by the party’s agent or employee within the relationship and scope of employment, or made by a coconspirator during and in furtherance of the conspiracy. The statement need not have been against the declarant’s interest when made, and the federal rule does not require personal knowledge.
Flashcard 10: What are the requirements for admitting former testimony under the majority federal rule?
Answer: The declarant must be unavailable, and the testimony must have been given at a lawful hearing, deposition, or proceeding where the opposing party—or, in a civil case, a predecessor in interest—had an opportunity and similar motive to develop it by direct, cross-, or redirect examination. The testimony must be offered against a party who had that prior opportunity and motive.
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