What is hearsay Flashcards

(11 cards)

1
Q

Hearsay

A

Out of court statement offered to prove the truth of the matter asserted

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2
Q

Out of court statement

A

Any statement that is not made by a witness under oath– even if it was made by the witness

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3
Q

Declarant

A

the person who made the out of court statement

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4
Q

Witness

A

The person who is telling us about the statement

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5
Q

A statement not intended as an _____ is not hearsay

A

assertion

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6
Q

Statements used for purposes other than _____ are not hearsay

A

other than proving the truth of the matter asserted

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7
Q

Common non-hearsay uses

A

-verbal acts or legally operative facts
-effect on the listener
-state of mind

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8
Q

Verbal acts or legally operative facts

A

The statement is offered to prove that the statement was made (verbal conduct)

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9
Q

Effect on the listener

A

A statement offered to show the effect on the person who heard it

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10
Q

State of mind

A

A statement offered as circumstantial evidence of the declarants state of mind

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11
Q

Multiple hearsay

A

When there is hearsay within hearsay

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