Which of the following is NOT included in the exceptions to hearsay?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

The assertion that opinion testimony is not included in the exceptions to hearsay is correct. Hearsay refers to an out-of-court statement that is being offered to prove the truth of the matter asserted, and the general rule is that hearsay is inadmissible as evidence unless it falls under an established exception.

Business records, public records, and recorded recollection are all recognized exceptions to the hearsay rule due to their reliability and necessity in providing relevant information. Business records are admitted based on their regularity and accuracy in the course of operations, public records are deemed trustworthy as they are created by governmental agencies, and recorded recollection allows for a witness to present a prior statement they made about an event when their memory is insufficient for detailing it at trial.

In contrast, opinion testimony does not typically fall within these hearsay exceptions. While expert opinion testimony can be admitted under different rules, general opinions or beliefs expressed by a witness are not treated as hearsay exceptions since they do not have the same reliability or necessity as the other categories. Therefore, opinion testimony remains subject to the hearsay rule unless it meets other admissibility criteria, distinctly marking it from the established exceptions.

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