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NUR 228 - Middle childhood Exam Questions With Correct And Revised Answers
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EVIDENCE: HEARSAY Exam Questions With Correct Answers Rule 803 rules MEANS - answer1. 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 _______ - answerRtwenty-three (23) e...

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  • October 16, 2024
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©SIRJOEL EXAM SOLUTIONS
10/7/2024 11:03AM



EVIDENCE: HEARSAY Exam Questions
With Correct Answers


Rule 803 rules MEANS - 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 _______ - answer✔Rtwenty-three (23)

exceptions




apply whether or not the declarant is unavailable


Rule 803(1) - Present Sense Impression - 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 - answer✔describe or explain an

event or condition.

, ©SIRJOEL EXAM SOLUTIONS
10/7/2024 11:03AM


Rule 803(1)Present Sense Impression, does NOT require - 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 - 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. -

answer✔STARTLING EVENT


Rule 803(2) excited utterance: requires - answer✔A statement relating to that event


Rule 803(2) excited utterance: requires - answer✔Made by a declarant with first-hand

knowledge;


Rule 803(2) excited utterance: requires that statement made while - answer✔Made while the

declarant was under the stress of the excitement caused by the event.


Under 803(2), excited utterance, just being upset - 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.

, ©SIRJOEL EXAM SOLUTIONS
10/7/2024 11:03AM


Present Sense Impression v. excited utterance - 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 . - answer✔present sense impression need NOT

relate to a startling event


present sense impression does not require that the declarant be - answer✔emotionally affected by

the occurrence

Excited utterance and Present sense impression: BOTH of these hearsay exceptions have in

common that.... - 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."

, ©SIRJOEL EXAM SOLUTIONS
10/7/2024 11:03AM


803(3) - Then Existing Mental, Emotional, or Physical Condition.... WHAT DOES IT MEAN -

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: - 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 -

answer✔PRESENT TENSE OF THE VERB

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