Hearsay within hearsay - Next Generation Bar Exam

1. An employee's memo, kept in the ordinary course, records that a customer said the floor was wet. The customer was not an employee. What is required to admit the memo to prove the floor was wet?

   A separate hearsay exception for the customer's statement. The customer had no business duty to report, so the inner layer is not covered by FRE 803(6).

2. A diary entry by a decedent records that a neighbor threatened her. The entry is offered only to show the decedent feared the neighbor. What hearsay layer requires an exception?

   The diary entry, as a statement of the decedent's then-existing state of mind. The neighbor's threat is not offered for its truth, so it is not hearsay.

3. What is the analytical method for multiple hearsay?

   Identify each out-of-court statement offered for its truth and find an exception or exclusion for each. Layers not offered for their truth need no exception.

4. In a negligence suit, a police report includes the investigating officer's own observation of skid marks. What is the status of the observation?

   It is a single hearsay layer admissible as a public record in a civil case. The officer acted under a legal duty, so no additional layer arises.

5. What is the status of a hospital record containing a patient's statement of symptoms, offered for its truth?

   It is admissible if the record qualifies as a business record and the statement qualifies under FRE 803(4). Each layer has its own exception.

6. Under FRE 805, when is hearsay within hearsay admissible?

   When each part of the combined statements conforms with an exception or exclusion. If any layer fails, the statement is inadmissible.

7. What is the status of a police report recording a bystander's statement, offered in a civil case for the truth of the bystander's account?

   It is double hearsay requiring an exception for both the report and the bystander's statement. The public-records exception covers the officer's report, but the bystander's statement needs its own exception, such as excited utterance.

8. What is the status of a party's statement repeated in a business record and offered by the opponent?

   It is admissible if the record qualifies under FRE 803(6) and the inner statement is an opposing party's statement. Rule 805 permits combining exceptions and exclusions.

9. In a business record, what is the status of a statement by an outsider with no business duty to report?

   It is a separate hearsay layer requiring its own exception. The business-record exception covers only information from persons acting in the regular course of business.

10. A witness testifies that the victim's friend told her the victim said, 'I am in terrible pain.' How many hearsay layers are offered for their truth?

    Two. Both the friend's statement and the victim's statement are offered to prove the victim's pain.

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