Discussion Questions

  1. What is a "dying declaration"? What does the FRE say about dying declarations? What does California say?

  2. Explain "present sense impressions."

  3. What is the rationale for the "excited utterances" exception? Explain.

  4. Explain the "business records" exception. What are the requirements under the rule?

  5. What are the "silent hound" exceptions? Explain.

  6. What is a "declaration against interest"? Explain this exception to the hearsay rule.

  7. What would be a good example of a "statement of family history"? What are the requirements under this hearsay exception?

  8. How has the Court's decision in Crawford v. Washington changed the use of hearsay exceptions in criminal trials?

  9. What is the forfeiture by wrongdoing doctrine?

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