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Evidence: Hearsay and Key Exceptions

Bar-exam evidence cards — hearsay definition, exclusions, and high-frequency exceptions.

12 cards· by GuruOwl

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  1. 01
    What is hearsay (FRE sketch)?
    An out-of-court statement offered to prove the truth of the matter asserted.
    hearsay
  2. 02
    Why is hearsay generally inadmissible?
    The declarant is not under oath/cross-examined at trial about that statement (reliability/confrontation concerns).
    hearsay
  3. 03
    Is a statement offered only to show its effect on the listener hearsay?
    No — not offered for its truth, so not hearsay.
    nonhearsay
  4. 04
    Are opposing party’s own statements hearsay when offered against them?
    They are excluded from the hearsay rule as opposing-party statements (admissions) under FRE 801(d)(2).
    exclusions
  5. 05
    Present sense impression exception?
    Statement describing/explaining an event made while or immediately after perceiving it.
    exceptions
  6. 06
    Excited utterance exception?
    Statement relating to a startling event made while under the stress of excitement it caused.
    exceptions
  7. 07
    Business records exception (core requirements)?
    Record made at/near time by someone with knowledge, kept in regular course of business, regular practice to make such record; opponent may attack trustworthiness.
    exceptions
  8. 08
    Dying declaration (criminal homicide / civil) sketch?
    Declarant believed death was imminent; statement about cause/circumstances of death; declarant unavailable (FRE 804).
    exceptions
  9. 09
    Statement against interest vs opposing-party statement?
    Against-interest: unavailable declarant, statement so contrary to interest a reasonable person wouldn’t say it unless true. Party admission needs no unavailability and is by a party.
    exceptions
  10. 10
    What is the Confrontation Clause issue with testimonial hearsay?
    In criminal cases, testimonial hearsay against the accused requires unavailability + prior opportunity to cross-examine (Crawford), unless exception like dying declaration historically.
    confrontation
  11. 11
    Prior inconsistent statement used only to impeach — hearsay?
    If not offered for its truth, it’s not hearsay for impeachment; substantive use depends on whether it meets 801(d)(1) requirements.
    impeachment
  12. 12
    Character evidence general civil rule (FRE sketch)?
    Character usually inadmissible to prove action in conformity; exceptions for character at issue, habit, and limited criminal uses.
    character