![]() ![]() Often, in the fact patterns of MBE questions, one of these elements is missing, so the dying declaration exception is not applicable! It is very important to memorize each and every element of each exclusion or exception to make sure you are applying the exclusions and exceptions correctly. ![]() It is not enough to just know the names of each exception! For instance, “dying declaration” does not apply every time someone who is dying makes a statement! Rather, all four elements must be met: (1) declarant is unavailable (but he doesn’t have to die!) (2) the statement was made while he believed death was impending (3) the statement concerns the cause or circumstances of death and (4) it is used in a homicide or civil case. Memorize the elements of each exclusion or exception. Or create a mnemonic for each category to help you remember all of the exclusions/exceptions within it! If you create a mnemonic that is personal to you, you may be more likely to remember it than a mnemonic created by someone else! 3. Or, perhaps you are a visual learner: try making a poster with lists of the exclusions/exceptions and look at it every day to help you visualize which exclusions/exceptions fall into each category. You might find it helpful to remember how many exclusions/exceptions fall into each category, and then, once you remember the number, it will be easier to identify all of the exclusions/exceptions. Try to remember which rules fall into each category. There are three categories of hearsay exclusions and exceptions: (1) nonhearsay (the exclusions) (2) exceptions that are only applicable if the declarant is unavailable and (3) exceptions where the declarant can be available or unavailable. If you memorize by grouping rules into categories, it may be helpful to group the hearsay exclusions and exceptions into categories. If they do, the statement might come in under an exception or exclusion! 2. Try to think about the circumstances surrounding the statement and whether those circumstances tend to make the statement more reliable. For instance, if someone is dying and makes a statement regarding the cause or circumstances of their death, they don’t have much incentive to lie, so this statement, although hearsay, may be admissible under the dying declaration exception. The reason for the exclusions/exceptions is generally because the statement has less risk of being unreliable due to the surrounding circumstances. However, there are situations where hearsay is nonetheless admitted. Because of the risk that the prior statement is unreliable, the general rule bars these statements! Or maybe the person testifying at trial about someone else’s statement misheard or misremembers the statement. Or maybe he is simply lying about what he previously said. Perhaps the declarant misremembers exactly what he said. Why are these statements generally inadmissible? They are presumed to be unreliable. Hearsay is inadmissible unless an exception or exclusion applies. Start with the general rule: hearsay is an out of court statement offered for the truth of the matter asserted. How To Learn Hearsay For The Bar Exam:Hearsay can be one of the more challenging topics within Evidence simply because there are so many rules to remember! In this post, we give you some study tips to lock down hearsay for the bar exam. Free Guide on How to Succeed in Law School.Multistate Bar Exam (MBE) Mastery Class.Uniform Bar Exam (UBE) Services & Private Tutoring.
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