Name two common hearsay exceptions under FRE 803 and two for unavailable declarants under FRE 804.

Name two common hearsay exceptions under FRE 803 and two for unavailable declarants under FRE 804.

• A. FRE 803 examples: present sense impression, excited utterance. FRE 804 examples: former testimony, dying declaration.
• B. FRE 803 examples: business records; public records. FRE 804: statements against interest; excited utterance.
• C. FRE 803: character evidence; prior consistent statement. FRE 804: statements under belief of imminent death; residual hearsay.
• D. FRE 803: police reports; medical records. FRE 804: public records; ancient documents.

Answer: (A)

You're being tested on recognizing standard hearsay exceptions by category: under FRE 803, exceptions apply regardless of whether the declarant is available; under FRE 804, the exceptions apply only when the declarant is unavailable. Two common examples under FRE 803 are present sense impression and excited utterance. A present sense impression is a statement describing or explaining an event or condition that the declarant perceived, made while or immediately after the event. Its reliability comes from the immediacy and spontaneous nature of the description. An excited utterance is a statement relating to a startling event made while the declarant is under the stress of excitement caused by the event; the emotional state at the time helps justify admitting the statement as trustworthy despite lack of opportunity for careful reflection. Under FRE 804, which governs statements when the declarant is unavailable, two typical examples are former testimony and dying declarations. Former testimony is admissible against a party who had an opportunity and similar motive to develop the testimony in a prior proceeding, and the declarant is unavailable. Dying declarations are admissible in cases where the declarant believed death was imminent, and the statement concerns the cause or circumstances of what is perceived to be death, again recognizing the declarant’s unavailability. Other options mix categories in ways that don’t fit the rule structure: items listed under FRE 803 that aren’t the two stated examples, or statements listed under FRE 804 that don’t reflect the correct unavailable-declarant exceptions, or pairings that place a well-known 803 exception with a non-applied 804 exception. The pairing shown here correctly matches two classic 803 exceptions with two classic 804 exceptions.

You're being tested on recognizing standard hearsay exceptions by category: under FRE 803, exceptions apply regardless of whether the declarant is available; under FRE 804, the exceptions apply only when the declarant is unavailable.

Two common examples under FRE 803 are present sense impression and excited utterance. A present sense impression is a statement describing or explaining an event or condition that the declarant perceived, made while or immediately after the event. Its reliability comes from the immediacy and spontaneous nature of the description. An excited utterance is a statement relating to a startling event made while the declarant is under the stress of excitement caused by the event; the emotional state at the time helps justify admitting the statement as trustworthy despite lack of opportunity for careful reflection.

Under FRE 804, which governs statements when the declarant is unavailable, two typical examples are former testimony and dying declarations. Former testimony is admissible against a party who had an opportunity and similar motive to develop the testimony in a prior proceeding, and the declarant is unavailable. Dying declarations are admissible in cases where the declarant believed death was imminent, and the statement concerns the cause or circumstances of what is perceived to be death, again recognizing the declarant’s unavailability.

Other options mix categories in ways that don’t fit the rule structure: items listed under FRE 803 that aren’t the two stated examples, or statements listed under FRE 804 that don’t reflect the correct unavailable-declarant exceptions, or pairings that place a well-known 803 exception with a non-applied 804 exception. The pairing shown here correctly matches two classic 803 exceptions with two classic 804 exceptions.