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Evidence (MBE Questions (Hearsay (An out of court statement offered to…

- - - - Five exceptions that require the declarant to be unavailable:
        (1) former testimony
        
        given as a witness at a trial, hearing, or lawful deposition;
        
        offered against a party who had an opportunity and similar motive to develop it by direct, cross, or redirect examination
        
        (2) Statement against interests
        
        Reasonable person in the declarant's position would have made only if the person believed it to be true;
        -Contrary to declarant's proprietary or pecuniary interest;
        -Support b corroborating circumstance that clearly indicate its trustworthiness
        
        (3) Dying Declarations
        
        Statement made by declarant believing that declarant's death was imminent;
        
        statement about its cause or circumstances
        
        (4) statement of personal or family history
        (5) Statement offered against party procuring declarant's unavailability
  - - - Lay Opinion: Must be (1) based on the witness's perception, (2) helpful for a clear understanding of a fact at issue, and (3) not based on scientific, technical, or other specialized knowledge
      - Expert Opinion: - subject matter appropriate for expert opinion; - witness qualifies as an expert; - Opinion backed with reasonable certainty; - Opinion support by a proper factual basis