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1What is hearsay?
2Can a hearsay statement be nonverbal?
3What is the truth of the matter asserted for purposes of the hearsay rule?
4Are there any out-of-court statements that are not hearsay?
5What is a verbal act?
6A worker who was fired after taking worker’s compensation leave brought a claim for retaliatory discharge. She testified, “While I was on leave, an...
7The day after a snowstorm the plaintiff slipped on the sidewalk in front of the defendant’s house and broke his ankle. After falling, the plaintiff...
8Are there any out-of-court statements that, despite meeting the definition of hearsay, are specifically exempted from the definition?
9Under what circumstances is a prior inconsistent statement made by a testifying witness admissible for the truth of the matter asserted in the prio...
10Under what circumstances is a prior consistent statement made by a testifying witness admissible for the truth of the matter asserted in the prior ...
11Under what circumstances is a declarant-witness’s prior statement of identification exempted from the hearsay rule?
12A defendant was charged with kidnapping, interstate domestic violence, and using a gun during the commission of a crime of violence against his gir...
13The defendant and a co-conspirator were charged with attempted robbery and conspiracy to commit robbery after they tried to rob a postal-service de...
14Is a prior out-of-court statement made by an opposing party admissible for the truth of the matter asserted in the prior statement?
15Is a statement made by an opposing party excluded from the rule against hearsay only if a prior out-of-court statement is being offered against the...
16What is an adoptive admission?
17Does the personal knowledge requirement apply to opposing-party statements?
18A police officer stopped a defendant for speeding. When the police officer realized the defendant met the description of the suspect in a recent ba...
19Is a statement made against a party by the party’s co-conspirator during the conspiracy exempted from the rule against hearsay?
20What is hearsay within hearsay?
21For an entire hearsay-within-hearsay statement to be admissible, must all the hearsay statements be admissible under the same exclusion or exceptio...
22Generally, under what circumstances will a prior out-of-court statement be admissible?
23Migrant farm workers sued their mutual employer for failure to pay wages due. At trial, the workers moved to admit a report prepared by a federal i...
24Under what circumstances is a hearsay statement admissible as a present-sense impression?
25Under what circumstances is a hearsay statement admissible as an excited utterance?
26Must an excited utterance arise from an objectively exciting or startling event?
27A defendant forcibly took a victim from the victim’s home. Four hours later, the defendant locked the victim and a cellmate inside a makeshift pris...
28Are hearsay statements describing an emotional or physical condition generally admissible?
29Are hearsay statements describing an emotional or physical condition generally admissible to prove the cause of the condition?
30Are hearsay statements describing an intent or plan admissible to prove subsequent acts?
31The defendant was charged with attempted murder after allegedly dissolving poison in his wife’s drink. The wife telephoned a friend for help and sa...
32Are hearsay statements regarding the declarant’s present physical or emotional state or symptoms admissible?
33May a statement made for purposes of receiving medical diagnosis or treatment be admissible?
34Must hearsay statements made for medical treatment or diagnosis be made to a doctor in order to be admissible?
35Is a statement of fault generally admissible if it was part of a statement made for medical diagnosis or treatment?
36A landlord intimidated and harassed his tenants and their child for over a year. The tenants brought a claim for intentional infliction of emotiona...
37Is a recorded recollection admissible despite the hearsay bar?
38Is a witness’s memory refreshed under the past-recollection-recorded exception to the hearsay rule?
39Is a record made by someone other than the witness admissible as a recorded recollection?
40Must the maker or adopter of a recorded recollection testify before the recorded recollection can be read to the jury?
41A defendant was charged with cashing stolen checks. The defendant’s friend told a government agent about the scheme and recounted details provided ...
42Under what circumstances is a record of a regularly conducted activity, also called a business record, admissible despite the hearsay bar?
43Is the business-records exception to the rule against hearsay limited to for-profit businesses?
44The defendants, building inspectors, were charged with extortion. They allegedly requested and received payoffs from construction companies for app...
45A prisoner was beaten and maced by prison guards. The prisoner brought a civil-rights claim against prison officials. At trial, the prisoner called...
46Is the absence of a matter from a business record admissible under the business-records exception to the rule against hearsay?
47Under what circumstances is a record or statement made by a public office admissible despite the hearsay bar?
48Do records of law enforcement observations fall within the public-records exception to the rule against hearsay?
49Under the public-records exception to the rule against hearsay, may the prosecution introduce findings resulting from an authorized investigation i...
50Does the public-records exception to the rule against hearsay require that the public record be kept in the ordinary course of business?
51Is a record of a birth, death, or marriage admissible if it is reported to a public office in accordance with a legal duty?
52Are hearsay reports prepared by private individuals but filed with public agencies generally admissible under the public-records exception to the h...
53A military flight instructor was killed in an airplane crash during training exercises. The instructor’s wife sued the plane’s manufacturer. At tri...
54The defendant was charged with possession of cocaine. He was released on bail on the condition that he appear in court as ordered. The defendant la...
55Is the absence of a public record admissible to prove that a particular matter did not occur?
56Are records concerning personal or family history admissible as an exception to the rule against hearsay?
57Are documents that affect an interest in property admissible as an exception to the rule against hearsay?
58What is the ancient-documents exception to the rule against hearsay?
59Under what circumstances is an ancient document admissible despite the hearsay bar?
60What is the market-report exception to the rule against hearsay?
61What are learned treatises?
62Under what circumstances is a portion of a learned treatise admissible as substantive evidence?
63A child suffered brain damage after receiving a vaccine. The child’s parents sued the vaccine manufacturer. At trial, the manufacturer called a ped...
64An insulation installer brought a products liability suit against an asbestos manufacturer, claiming that his exposure to asbestos in insulation in...
65Are there any exceptions to the hearsay rule that require that the out-of-court declarant be unavailable to testify in order for the exception to a...
66When is a declarant considered to be unavailable as a witness?
67Under what circumstances is a declarant who is physically capable of coming to court considered unavailable as a witness?
68Under what circumstances is a declarant who is not physically capable of coming to court considered unavailable as a witness?
69Under what circumstances is a declarant’s former testimony from the current or a separate proceeding admissible hearsay?
70The defendant was charged with obstruction of justice for allegedly threatening a government witness in a prior trial against the defendant for fra...
71A city hired a contractor to install a water line. The contractor found the work more difficult than expected. The contractor sued the city for res...
72What is the dying-declaration exception to the rule against hearsay?
73Under what circumstances is a statement under the belief of imminent death, also called a dying declaration, admissible despite the hearsay bar?
74What is a statement against interest?
75Under what circumstances is a statement against a declarant’s interest admissible despite the hearsay bar?
76What is the difference between a hearsay statement offered as an opposing party’s statement and a hearsay statement offered as a statement against ...
77A landlord, the owner of a warehouse that burned down in a fire, sued the tenant for negligence. The owner alleged that the fire started when the t...
78An employee embezzled money by writing checks against the employer’s account and cashing the checks at a currency exchange. When confronted by an i...
79Is an unavailable declarant’s out-of-court statement about her personal or family history admissible?
80Is an unavailable declarant’s out-of-court statement offered against a party who wrongfully and intentionally caused the declarant’s unavailability...
81What is the catch-all hearsay exception?
82What is the most important aspect of the residual exception to the rule against hearsay?
83Is there any notice requirement for using the residual hearsay exception at trial?
84When a hearsay statement or a statement exempted from the definition of hearsay is admitted into evidence, may the declarant’s credibility be attac...
85The defendant and a co-conspirator were charged with conspiracy to commit bank robbery. The defendant denied being involved in the conspiracy. He a...
86A federal agency investigated individuals who took part in Nazi-sponsored persecution during World War II (WWII). The agency filed for revocation o...
87What must a court determine in a criminal trial before admitting hearsay statements by an unavailable declarant?
88Under what circumstances does a Bruton problem occur?
89A wife called 911 to report that her husband had become violent. When police arrived, she reported that her husband hit her. While still upset, she...
90Two men were accused of robbery. After their arrest, the co-defendant told a detective, “Ok, I admit it. [The defendant] and I robbed the bank, but...
All flashcards
90 cards