Evidence

Question 1

Hearsay definition

Answer 1

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted therein. This type of statement is considered inherently unreliable and therefore is only admissible if it falls within an exclusion or exception to the rule against hearsay.

Question 2

Best evidence rule

Answer 2

The best evidence rule only applies when a document’s contents are at issue–i.e., when (1) the document is used to prove the happening of an event, (2) the document has a legal effect, or (3) the witness is testifying based on facts learned from the document.

Question 3

Nonhearsay statements by party-opponent

Answer 3

An out-of-court statement offered against a party-opponent for its truth is nonhearsay if it was (1) made or adopted by the party-opponent, (2) made by a person the party-opponent authorized to make such a statement, (3) made by the party-opponent’s agent or employee about a matter within the scope of that relationship, or (4) made by the party-opponent’s conconspirator and in furtherance of that conspiracy.
FRE 801(d)(2)=nonheartsay statements by a party-opponent

Question 4

Excited utterances

Answer 4

Spontaneous statements that (1) relate to a startling event and (2) were made while the declarant was still under stress from that event are excepted from the hearsay rule.
FRE 803(2)=excitted utterance hearsay exception