Hearsay exceptions Bar Exam Flashcards - Medical Study Cards
Master Hearsay exceptions 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 exceptions Flashcard Deck - 10 Cards
Flashcard 1: What is required for the ancient-documents hearsay exception?
Answer: Under FRE 803(16), a statement in a document is admissible if the document is at least 20 years old and its authenticity is established. The exception applies regardless of whether the declarant is available.
Flashcard 2: When may a statement from a learned treatise be admitted under the hearsay exception?
Answer: Under FRE 803(18), an expert must be established as relying on the treatise or the treatise must be established as a reliable authority by the expert, another expert, or judicial notice; the statement must be called to the expert’s attention on cross-examination or read into evidence on direct examination. The treatise itself is not received as an exhibit.
Flashcard 3: When is a statement against interest admissible under FRE 804(b)(3)?
Answer: The declarant must be unavailable, and the statement must have been so contrary to the declarant’s pecuniary, proprietary, or civil or criminal liability when made that a reasonable person would not have made it unless true. In a criminal case, a statement exposing the declarant to criminal liability requires corroborating circumstances clearly indicating trustworthiness when offered to exculpate the accused.
Flashcard 4: When is a statement admissible under the medical-diagnosis-or-treatment exception?
Answer: The statement must be made for—and reasonably pertinent to—medical diagnosis or treatment, and it must describe medical history, symptoms, their inception, or their general cause. The exception applies whether the statement is made to medical personnel or another person involved in diagnosis or treatment.
Flashcard 5: What foundational requirements apply to the business-records exception?
Answer: The record must be made at or near the time by someone with knowledge, kept in the course of a regularly conducted activity, and made as a regular practice, as shown by a custodian or qualified witness or certification; the opponent must not show a lack of trustworthiness.
Flashcard 6: What are the requirements of the residual hearsay exception under FRE 807?
Answer: The statement must have equivalent circumstantial guarantees of trustworthiness, be offered as evidence of a material fact, be more probative than reasonably available alternatives, and serve the interests of justice; the proponent must give reasonable notice.
Flashcard 7: What is the public-records exception under the FRE?
Answer: A record is admissible if it sets out a public office’s activities, a matter observed under a legal duty to report, or factual findings from a legally authorized investigation, unless the source or circumstances indicate untrustworthiness. In a criminal case, records of matters observed by law-enforcement personnel generally do not qualify under the second category.
Flashcard 8: What are the elements of the excited-utterance exception?
Answer: The statement must relate to a startling event or condition and be made while the declarant is still under the stress of excitement caused by it.
Flashcard 9: When may a recorded recollection be used under the majority/FRE rule?
Answer: The witness must once have known the matter, now have insufficient recollection, and have made or adopted the record when the matter was fresh and accurately reflected in it. The record may be read into evidence, but it is received as an exhibit only if the adverse party offers it.
Flashcard 10: What are the elements of the present-sense-impression exception?
Answer: The statement must describe or explain an event or condition, and it must be made while the declarant is perceiving it or immediately afterward.
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