Hearsay within Hearsay
This phrase is another name for hearsay within hearsay.
What is double hearsay/multiple hearsay?
Name one condition a record of an act, event, condition, opinion, or diagnosis needs to satisfy to fit under the hearsay business records exception.
(Double Jeopardy)
What is:
Regularly Created: Must be a routine business record
Made Near the Event: Created at or near the time by someone with knowledge
Regular Practice: The organization must keep these records as part of its routine operations
Authentication: A custodian, qualified witness, or Rule 902 certification must prove the record is valid
Litigation Concerns: Records made in anticipation of lawsuits may excluded due to bias.
What are the three categories of public records exceptions?
What is:
(1) Public Office/Agency Activities
(2) Observations of a Public Office
(3) Results of Legally Authorized Public Investigations
This policy rationale for Rule 803(16), created a hearsay exception for documents in existence before the year 1998.
What are documents written many years before a dispute arises are more reliable than other writings because the author’s motive is less open to suspicion.
If a patient’s medical record includes the statement, “My chest hurts so badly after that crash!” both the record and the statement must qualify under hearsay exceptions to be admissible. These two exceptions would apply.
What is the medical diagnosis or treatment exception and the excited utterance exception?
Who bares the burden of proof in determining whether a record is trustworthy or untrustworthy?
What is the opponent must prove a record is untrustworthy.
What are the two major policy justifications for rule 803(8)?
What is:
(1) Generally, more reliable (Courts assume that public officials perform their duties properly, knowing that they are under an obligation to the public to make accurate and honest observations)
(2) More needed/necessary than other types of hearsay (vast quantities of information recorded by public agencies, no individual official could recall all of that information and testify about it on the stand)
Rule 803(17) creates a hearsay exception for market reports and similar commercial publications. What are the two main conditions a party must satisfy to admit evidence under this exception?
What is:
(1) Document must be one of “market quotations, lists, directories, or other compilations.”
(2) The party offering the evidence must establish it is “generally relied on by the public or by persons in particular occupations.”
If a police report contains a witness’s excited utterance, both the report and the utterance must meet hearsay exceptions to be admissible. This term describes the need for both layers of hearsay to be independently admissible.
What is hearsay within hearsay?
How can a party admit outsider statements?
What is using a separate hearsay exception, which is required to admit outsider statements (e.g., present sense impression).
What are some ways that the public records hearsay exception is limited? (At least two)
What is:
(1) Limited from using any public record that constitutes “factual findings from a legally authorized investigation” during a criminal trial
(2) Limited in the evidentiary use of f records based on observations by “law-enforcement personnel
Rule 803(18) creates a hearsay exception for what type of information and policy justification?
What is:
(1) Information contained in “learned treatise.”
(2) The information in these books are more reliable because experts consider it accurate and authoritative. It is also a convenient way to give the jury basic facts about art, history, architecture, biology, or any other field.