Evidence Hearsay UPDATED Exam
Questions and CORRECT Answers
Rule 803 rules MEANS - CORRECT ANSWER- ✔✔1. The following are not excluded by
the rule against hearsay. AKA COMES IN
2. COMES IN + AVAILABILITY of DECLARANT IRRELEVANT
Rule 803 specifies _____ Exceptions that apply _______ - CORRECT ANSWER-
✔✔Rtwenty-three (23) exceptions
apply whether or not the declarant is unavailable
Rule 803(1) - Present Sense Impression - CORRECT ANSWER- ✔✔The hearsay rule does
not exclude the declarant's statement if the declarant made the statement while or
immediately after sensing an occurrence and the statement describes the occurrence.1.
Under 803(1),Present Sense Impression, the statement must - CORRECT ANSWER-
✔✔describe or explain an event or condition.
Rule 803(1)Present Sense Impression, does NOT require - CORRECT ANSWER- ✔✔That
the witness who recounts the hearsay utterance have had an opportunity to observe and check
what the declarant describes
Rule 803(1) Present Sense Impression, requires that the declaration, if not simultaneously
with the event, be made - CORRECT ANSWER- ✔✔immediately thereafter (only a "slight
lapse of time.")
803(2)- Excited Utterance: A statement relating to a ________________________________
or condition made while the declarant was under the stress or excitement that it caused. -
CORRECT ANSWER- ✔✔STARTLING EVENT
Rule 803(2) excited utterance: requires - CORRECT ANSWER- ✔✔A statement relating to
that event
,Rule 803(2) excited utterance: requires - CORRECT ANSWER- ✔✔Made by a declarant
with first-hand knowledge;
Rule 803(2) excited utterance: requires that statement made while - CORRECT ANSWER-
✔✔Made while the declarant was under the stress of the excitement caused by the event.
Under 803(2), excited utterance, just being upset - CORRECT ANSWER- ✔✔is insufficient
because the rationale of the exception is simply that the occurrence of certain events may
produce a state of shock, excitement, or stress in the declarant which temporarily halts
reflective thought prompting utterances that are free of conscious fabrication.
Present Sense Impression v. excited utterance - CORRECT ANSWER- ✔✔present sense
impression requires spontaneity given the fact the statement must be made while the
declarant was perceiving the event or immediately thereafter.The statement must describe or
explain an event or condition.
excited utterance does NOT require spontaneity as long as the statement was made under the
stress of excitement. If the event is sufficiently startling, the period of stress may persist for
some time.
Present Sense Impression v. excited utterance . - CORRECT ANSWER- ✔✔present sense
impression need NOT relate to a startling event
present sense impression does not require that the declarant be - CORRECT ANSWER-
✔✔emotionally affected by the occurrence
Excited utterance and Present sense impression: BOTH of these hearsay exceptions have in
common that.... - CORRECT ANSWER- ✔✔the DECLARANT need NOT be known or
available,
e.g. witness testifies that just after the defendant's car went out of control in a parking lot and
hit plaintiff, someone (declarant) in the crowd yelled, "That red car did it."
,803(3) - Then Existing Mental, Emotional, or Physical Condition.... WHAT DOES IT MEAN
- CORRECT ANSWER- ✔✔COMES IN IF
a statement
1. It describes the DECLARANTS current MENTAL or PHYSICAL condition, and
2. It is NOT A MEMORY OR BELIEF asserted for its truth (**UNLESS the memory is
CONNECTED to the DECLARANTS WILLl).
Rule 803(3) THEN EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION
covers four distinct categories of statement: - CORRECT ANSWER- ✔✔1. Statements of
present BODILY COND;
2. Statements of present STATE OF MIND OR EMOTION, offered to prove a state of mind
or emotion of the declarant that is in issue in the case;
3. Statements of present state of mind- usually intent, plan, or design - offered to prove
subsequent conduct of the declarant in accordance with the state of mind; and
4. STATE OF MIND statements of a TESTATOR, offered on certain issues in WILL cases.
Rule 803(3) Then existing mental, emotional, or physical condition REQUIRES THE -
CORRECT ANSWER- ✔✔PRESENT TENSE OF THE VERB
i.e. "My back hurts,"
NOT"The car struck me as I was riding my bike."
Rule 803(3) Then existing mental, emotional, or physical condition: statements of intent
are.... - CORRECT ANSWER- ✔✔statements of intent are admissible substantively under
this exception, e
rule 803(3) Then existing mental, emotional, or physical condition: is this admissible?
my neck hurts from slipping on the wet floor," - CORRECT ANSWER- ✔✔the portion
referring to the wet floor would not be admissible
, 803(4) - Statement for Medical Diagnosis or Treatment - CORRECT ANSWER- ✔✔the Rule
allows admission of remarks made to medical attendants or others, including hospital
attendants, ambulance drivers, or even members of the family may be included
803(4) - Statement for Medical Diagnosis or Treatment: NOT ADMISSABLE IF -
CORRECT ANSWER- ✔✔1. statements by a doctor/medical personnel to the patient,
2. statements between physicians.
803(4) - Statement for Medical Diagnosis or Treatment: STATEMENTS OF FAULT -
CORRECT ANSWER- ✔✔DONT COME IN
Thus a patient's statement that he was struck by an automobile would qualify, but not his
statement that "the car drove through a red light when it struck me."
03(4) - Statement for Medical Diagnosis or Treatment: STATEMENTS OF FAULT AND
child victim in a rape case (or sexual assault or child molestation case) - CORRECT
ANSWER- ✔✔Notwithstanding the general exclusion for statements admitting fault, where a
child victim in a rape case (or sexual assault or child molestation case) makes a statement to
her doctor/therapist as to identify of her attacker such as statement clearly admits fault, yet it
may be admissible because the identify of the perpetrator is relevant to treatment. For
example, a statement by sexually abused child to doctor identifying the stepfather as the
abuser.
Fischer v state - CORRECT ANSWER- ✔✔are a police officers factual observations of a dwi
suspect admissible as present sense impression? NO BC police officer is fraught w the
thought of future prosecution and gathering evidence...he is NOT making an off hand non
reflective observation about the world as it passes by...
pressy v state - CORRECT ANSWER- ✔✔excited utterance: victim was robbed and hours
later his mom forced him to go w her to look for robbers. he identified them. defendant
argued that because victim made the statement after the event that it was not an exited
utterance and thus shouldn't come in. HELD: time isn't really a huge determinative
factor...hours can go... the victim when made statement was shaking and crying so it came in
