The 4 Most Common Hearsay Exceptions ⏤ Tips for Winning Hearsay Objections in Mock Trial
Hearsay is one of the most common objections in mock trial, which means it's super important for you to have a firm grasp of the most frequently used hearsay exceptions. So, in this episode, we'll go over the four most common hearsay exceptions: Admission By a Party Opponent; Excited Utterance; Then-Existing Mental, Physical, or Emotional Condition; and Records of Regularly Conducted Activity (business records).
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Thank you!!
One quick nuance (that I teach my team). It's stronger to say something is NOT hearsay than to say it's admissible under the exceptions. 801d rule outlines something that is NOT hearsay, the party opponent. The 803 rules are admitting that it is hearsay, but it's admissible. The contrast is that if we respond with "it's not hearsay" the burden is on the objection attorney to outline the components that make it hearsay: statement, declarant, offered for truth, not a prior statement nor the party opponent. When you use an 803 rule, the burden is on YOU to show how it meets the criteria for the exception. Sometimes, you don't have a choice and have to use an exception, and they're always there for those hearsay traps. But when given the choice, I drill my kids to try and establish it not being hearsay first, and then retreat to the exceptions if needed.
@mocktrialmasterclass
4 ай бұрын
That can be true.. But remember: When you use a hearsay exception under Rule 803, it comes in for the truth of the matter asserted. That's not the case when you argue that something's definitionally not hearsay under Rule 801. It can be a major difference, especially when closing arguments roll around.
@mocktrialmasterclass
4 ай бұрын
That can be true.. But remember: When you use a hearsay exception under Rule 803, it comes in for the truth of the matter asserted. That's not the case when you argue that something's definitionally not hearsay under Rule 801. It can be a major difference, especially when closing arguments roll around.
@mcclellanj424
4 ай бұрын
Very good point!
These videos are very helpful thank you!
@mocktrialmasterclass
7 ай бұрын
Thank YOU! Glad you’re here :-)
What about presence sense expression? For example a child say, daddy my step dad grabbed my face on my cheeks, and you see that there are bruises on his face, would that hearsay be admitted?
@mocktrialmasterclass
Ай бұрын
Present sense impression has a time component to it; the rule deals with statements "made while or immediately after the declarant perceived" an event or condition. So, as far as that exception goes, you have to keep the time in mind.
@Leondediosable
Ай бұрын
@@mocktrialmasterclass thanks for the info I truly appreciate your time.