What is hearsay Flashcards
(11 cards)
Hearsay
Out of court statement offered to prove the truth of the matter asserted
Out of court statement
Any statement that is not made by a witness under oath– even if it was made by the witness
Declarant
the person who made the out of court statement
Witness
The person who is telling us about the statement
A statement not intended as an _____ is not hearsay
assertion
Statements used for purposes other than _____ are not hearsay
other than proving the truth of the matter asserted
Common non-hearsay uses
-verbal acts or legally operative facts
-effect on the listener
-state of mind
Verbal acts or legally operative facts
The statement is offered to prove that the statement was made (verbal conduct)
Effect on the listener
A statement offered to show the effect on the person who heard it
State of mind
A statement offered as circumstantial evidence of the declarants state of mind
Multiple hearsay
When there is hearsay within hearsay