How to Analyze Hearsay on an Evidence Essay (Pt. 3): Hearsay Exceptions (FRE 803-804)
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How to Analyze Hearsay on an Evidence Essay (Pt. 3): Hearsay Exceptions (FRE 803-804)
HEARSAY (FRE 801(c)-(d))
An out-of-court statement that is offered to prove the truth of the matter asserted is hearsay UNLESS the statement satisfies a condition enumerated under Rule 801(d) of the Federal Rules of Evidence.
HEARSAY EXCEPTIONS: DECLARANT UNAVAILABILITY IS NOT REQUIRED (FRE 803)
See here: www.law.cornell.edu/rules/fre...
The following are NOT excluded by the rule against hearsay (FRE 801), regardless of whether the declarant is available as a witness:
FRE 803(1): Present Sense Impression
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
FRE 803(2): Excited Utterance
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
FRE 803(3): Then-Existing Mental, Emotional, or Physical Condition
A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
FRE 803(4): Statement Made for Medical Diagnosis or Treatment
A statement that is: (1) made for - and is reasonably pertinent to - medical diagnosis or treatment; and (2) describes medical history; past or present symptoms or sensations; their inception; or their general cause.
FRE 803(5): Recorded Recollection
A record that: (1) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately; (2) was made or adopted by the witness when the matter was fresh in the witness’s memory; and (3) accurately reflects the witness’s knowledge.
FRE 803(6): Business Records
A record of an act, event, condition, opinion, or diagnosis if: (1) the record was made at or near the time by - or from information transmitted by - someone with knowledge; (2) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit; and (3) making the record was a regular practice of that activity.
HEARSAY EXCEPTIONS: DECLARANT UNAVAILABILITY IS REQUIRED (FRE 804)
See here: www.law.cornell.edu/rules/fre...
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this guy should put most of the Bar prep courses' lecture professors and most of the law school professors to shame. I attended one law school only so I can't speak for other law school professors, but I don't think anyone can teach/explain law better than this guy.
Agreed!
I had a few professors who were actually good as teachers, but many were like you said: good at practicing law (or not), but terrible at teaching. I had one professor go over a MCQ midterm by saying, "Number 4: the answer is B. Why? Well its not C, its not A, and its not D. What do you want from me?" (In a heavy Brooklyn accent)
You're videos on Hearsay are great! I now have a better understanding. You made it very easy and simple to understand. I just wish I had found you sooner, my test in my Evidence class is tonight! Yikes!
Awesome, glad these videos were helpful. Don't worry, you got this! 💪
Are you a lawyer now ? My evidence final is this Sunday 😮💨😬
Been studying hearsay using Law in a Flash and Exampro all day and this vid was a perfect way to end my night and put all the elements in context. THANK YOU!!
Keep making your videos, bro. You're a God send.
You make Evidence so easy to understand and remember! Thank you !
No problem, happy to help!
I watch all his videos, 1L he saved me, 2L he's doing the same! You are the man!
I'm an hour away from taking my Evidence exam, this is the perfect refresher right before I take on my final. Thank you so much!
Awesome-I hope it went well!
Awesome! I really appreciate your interest and efforts for preparing students for bar exam. God Bless You!!!
Again Studicata has saved me on a class. I absolutely love all their videos. So easy to understand!
Thank you so much! you made the evidence so easy and simple to understand. It was confusing to me with the law lectures in commercial bar pre courses! Thanks a-lot!
You are excellent! Passing this along to my close study buddies! Thank you!
Thank you for the support! We really appreciate the sharing. 🙏
After listening to your hearsay videos, I believe my school should terminate their evidence teacher - really
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Wow! Awesome! So clear!,’clap if you believe!
Appreciate this sooo much!!
No problem, happy to help!
I know 807 is extremely narrow, and rarely used, but is there an example where it would come up on an exam/mcq/or UBE?
Excellent video, thanks a lot
No problem, happy to help!
¡Muchas gracias!
GOD BLESS YOU!!! 🙏🏾
Example that keeps coming up on exams seems to be, for medical diagnosis, " I was shot" vs "Richard shot me". Made (a) by declaring to ER doc, or (b) ER doc recalls the statement. Would be helpful to discuss that
What is the answer to this question? I would think (a) falls under the exception and not (b).
Such a great video series! One question though: shouldn't "business" records be "public" records under the FRE? And "business" under, for example, the California Evidence Code?
Thank you! Here, when I say "Business Records" - I'm actually referring to "Records of a Regularly Conducted Activity " under FRE 803(6). Sorry for the confusion!
You’re awesome
Thank you!
Hey I was wondering if you could help me out. I live in a place with no adversarial system we are making the change in some states and I am participating in a mock trial as the prosecution. we are accusing a man of murdering his lover for fear she would have told his wife about the affair. We have a witness that says the accused told him that his lover had made this threat. However, when I plan the direct examination of the witness I fear the defense might object to that statement. Since it revolves around the state of mind of the accused and possible plan to murder his lover, could this be considered and exception to 803?
Hi there! The statements made to the witness by the defendant would likely not be hearsay under FRE 801(d)(2). A "statement [that] is offered against an opposing party and . . . was made by the party in an individual or representative capacity" is not hearsay under FRE 801(d)(2). I.e., under the Federal Rules of Evidence, the prosecution can use the defendant's own out-of-court statements against him as evidence (e.g., confessions, etc.).
Hope this helps!
@@studicata thank you so much! this will surely be helpful!
BINGO!