Louisiana Private Investigator Licensing Practice Exam

Which type of statement is admissible under the hearsay rule?

1. Personal opinions

2. Excited utterances

3. Speculative statements

4. Assumptions

The correct answer is: Excited utterances

Excited utterances are recognized as exceptions to the hearsay rule in legal contexts. Hearsay refers to an out-of-court statement that is being used to prove the truth of the matter asserted. However, excited utterances are statements made spontaneously during or immediately following a startling event, where the speaker is still under the stress of excitement caused by that event. The rationale behind this exception is that the immediacy of the statement and the emotional state of the speaker diminish the likelihood of fabrication, making such statements more reliable than typical hearsay. In contrast, personal opinions, speculative statements, and assumptions do not carry the same weight. Personal opinions may reflect the subjective beliefs of the speaker without being grounded in fact. Speculative statements do not provide concrete information and, instead, reflect uncertainty or conjecture. Assumptions are not based on established facts and thus lack the reliability needed to be admitted as evidence. This underscores why excited utterances are the correct choice among the options provided.