hearsay

Question 1

definition

Answer 1

out of court statemetn offered to prove the truth of the matter asserted in teh statement

statement is verbal or written expression of a person or conduct by a person intended to communciate (asserive conduct)

offered to prove the truth of hte matter assert

1. find statement
2. ask what is it offered to prove
3. given what it’s offered to prove, will jury be mislead if out of court speaker was lying or mistken? if yes, probs hearsay

Question 2

exception for independent legal significance

Answer 2

e.g. if in a contract case the W heard the D say “ I accept” not offered to prove of the matter just aht it was said

Question 3

exception - effect on the listener

Answer 3

not offered to show the truth of the statemetn, only offered to show the effect on the listener (e.g. Dr. saying you’re HIV Positive)…..remember tihs can even be something like seeing a sign saying that a road is out

Question 4

exception - not hearsy b/c statement is circumstantial evidence of state of mind

Answer 4

must be like in case for murder person says they’re dracula not tehm saying they feel like killing someone

Question 5

hearsay even if out of court declarant is now incourt witness

Answer 5

will be like PRO saying “what did you tell police”

W “I told them I saw D bite V”

Hearsay becuase didn’t have chance to cross examine at time of out of court state

Question 6

multiple layers of hearsay

Answer 6

it’s like someone reading to you from another source. hearsay in the reader and hearsay in the underlying souce