Dominant Trap Layer Skip Business Records
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
20502_peter-bus-report · EVIDENCE · Choice Aadmissible as an official written statement.
Why it's attractive
FRE 803(8)(B)(i) categorically excludes law-enforcement investigative reports from the public-records exception in civil cases. Even setting that aside, the inner 911-caller statement is not the agency's own observation.
Why it's wrong
FRE 803(8)(B)(i) categorically excludes law-enforcement investigative reports from the public-records exception in civil cases. Even setting that aside, the inner 911-caller statement is not the agency's own observation.
20502_peter-bus-report · EVIDENCE · Choice Badmissible as a business record.
Why it's attractive
The outer report may qualify as a business record under FRE 803(6), but the inner 911-caller statement is itself hearsay and must independently qualify for an exception. The stem does not establish personal knowledge or any other exception for the 911 caller.
Why it's wrong
The outer report may qualify as a business record under FRE 803(6), but the inner 911-caller statement is itself hearsay and must independently qualify for an exception. The stem does not establish personal knowledge or any other exception for the 911 caller.
20502_peter-bus-report · EVIDENCE · Choice Dadmissible as past recollection recorded.
Why it's attractive
Past recollection recorded (FRE 803(5)) requires the testifying witness to have once had personal knowledge of the matter and to have made or adopted the record. Peter is reading Paul's report; Peter never had personal knowledge of the crash.
Why it's wrong
Past recollection recorded (FRE 803(5)) requires the testifying witness to have once had personal knowledge of the matter and to have made or adopted the record. Peter is reading Paul's report; Peter never had personal knowledge of the crash.
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