All Hearsay Exceptions Require Unavailability
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
22157_christian_shepherd_dispute · EVIDENCE · Choice ANo, because Peter is unavailable to testify.
Why it's attractive
FRE 803 exceptions do not require unavailability; this choice states the opposite
Why it's wrong
FRE 803 exceptions do not require unavailability; this choice states the opposite
22157_christian_shepherd_dispute · EVIDENCE · Choice BNo, because Peter's statement is inadmissible hearsay.
Why it's attractive
The statement IS hearsay, but the choice ignores that a valid exception (803(3)) applies
Why it's wrong
The statement IS hearsay, but the choice ignores that a valid exception (803(3)) applies
22157_christian_shepherd_dispute · EVIDENCE · Choice DYes, because Peter's statement was an excited utterance.
Why it's attractive
Peter's emotional language ('I can't take this anymore!') mimics excitement, but there is no startling event — 803(2) requires a startling event
Why it's wrong
Peter's emotional language ('I can't take this anymore!') mimics excitement, but there is no startling event — 803(2) requires a startling event
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