Bar Exam Hearsay & Exceptions Flashcards

Define hearsay under FRE 801(c).

What constitutes a statement (assertion) for hearsay purposes?

When is a witness's prior inconsistent statement admissible as substantive evidence, rather than just for impeachment?

When is a witness's prior consistent statement admissible as substantive evidence?

When is a declarant considered unavailable as a witness?

When is former testimony of an unavailable declarant admissible?

What are the key FRE 803 hearsay exceptions (availability immaterial)?

When is a statement describing an event admissible as a present sense impression?

What must be shown to admit hearsay under the residual exception?

When is hearsay within hearsay admissible?