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EC-Council 312-49 Exam - Topic 1 Question 71 Discussion

Posted by Mariann on Oct 20, 2024 at 04:19 PM

Pick the statement which does not belong to the Rule 804. Hearsay Exceptions; Declarant Unavailable.

Suggested Answer: C

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37 comments · newest first
MA
Maryann 11 months ago
I thought all of these were hearsay exceptions.
NA
Nakisha 11 months ago
Statement against interest definitely belongs to 804.
PO
Portia 11 months ago
Wait, are we sure about that? Seems a bit off.
AU
Audra 12 months ago
Totally agree, B is the odd one out!
MA
Margo 12 months ago
Statement of personal or family history is not part of Rule 804.
ST
Stephen 1 year ago
I practiced a question similar to this, and I think D is the right choice. Statements under belief of impending death seem more related to a different context.
MA
Marg 1 year ago
I’m torn between C and D. I know both are hearsay exceptions, but I can't recall which one is specifically tied to Rule 804.
GA
Gary 1 year ago
I feel like A is the odd one out. Personal or family history doesn't seem to fit with the other hearsay exceptions.
BU
Buck 1 year ago
I think the answer might be B, but I'm not entirely sure. I remember something about prior statements being admissible under different rules.
ZO
Zoila 1 year ago
I feel good about this one. The "statement of personal or family history" is a hearsay exception under Rule 803, not 804, so that's the answer.
EL
Elenora 1 year ago
Okay, let me think this through. The Rule 804 exceptions are things like former testimony, statement against interest, and dying declarations. I'm guessing the "prior statement by witness" is the one that doesn't fit.
JA
Janna 1 year ago
Hmm, this is tricky. I'm not totally confident, but I think the "statement under belief of impending death" is the one that doesn't belong, since that's a separate exception under Rule 804(b)(2).
VI
Viola 1 year ago
I'm pretty sure the "prior statement by witness" is not a Rule 804 hearsay exception, since that's covered under Rule 801(d)(1).
LO
Lon 1 year ago
Oh man, these hearsary exceptions are such a headache. I'm just going to close my eyes and pick option C. Statement against interest? Sounds like a bad day at the office to me.
KE
Keva 1 year ago
↳ replying to Lon
Yeah, it does sound like a tough one to deal with.
BE
Beatriz 1 year ago
↳ replying to Lon
I agree, statement against interest doesn't seem to fit with the others.
VI
Virgie 1 year ago
↳ replying to Lon
I think option C is the odd one out.
VI
Vince 1 year ago
Haha, this is a classic 'which one doesn't belong' question. I'm going to say option A is the odd one out - I mean, who doesn't love a good statement of personal or family history?
SH
Sheron 1 year ago
↳ replying to Vince
Definitely, option A is the odd one out.
TI
Timothy 1 year ago
↳ replying to Vince
Yeah, I think option A doesn't fit the pattern.
CH
Chantay 1 year ago
↳ replying to Vince
I agree, option A seems out of place here.
CA
Carmelina 1 year ago
↳ replying to Vince
D) Statement under belief of impending death
RE
Reyes 1 year ago
↳ replying to Vince
C) Statement against interest
FA
Fabiola 1 year ago
↳ replying to Vince
B) Prior statement by witness
WI
Willis 1 year ago
↳ replying to Vince
A) Statement of personal or family history
OT
Otis 2 years ago
Hmm, this is a tricky one. I'm going to go with option D as the odd one out. The others all seem to be about statements made by the declarant, but a statement under belief of impending death is a bit different.
KE
Kerry 2 years ago
I think option B is the odd one out here. The other three are classic hearsay exceptions, but prior statements by a witness don't really fit the mold.
CH
Christa 1 year ago
↳ replying to Kerry
I agree, option D does seem out of place compared to the other choices.
VI
Vi 1 year ago
↳ replying to Kerry
I think option D is the odd one out here. It doesn't seem to fit the criteria of Rule 804.
TE
Terina 1 year ago
↳ replying to Kerry
I disagree, option B is actually a valid hearsay exception.
DA
Darnell 1 year ago
↳ replying to Kerry
D) Statement under belief of impending death
BR
Brianne 1 year ago
↳ replying to Kerry
C) Statement against interest
FL
Floyd 1 year ago
↳ replying to Kerry
B) Prior statement by witness
GR
Grover 1 year ago
↳ replying to Kerry
A) Statement of personal or family history
SE
Selma 2 years ago
I see your point, but I still think it's the statement of personal or family history.
HU
Hubert 2 years ago
I disagree, I believe the statement under belief of impending death is the one that does not belong.
SE
Selma 2 years ago
I think the statement of personal or family history does not belong.
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