§ 4 - Hearsay

Question 1

who can be a declarant

Answer 1

a human being

Question 2

what is a “statement”

Answer 2

an assertion of fact, event, or condition by a declarant. verbal or non-verbal (including written out of court statements)

Question 3

when is a “statement” hearsay?

Answer 3

when its proponent uses it to prove the truth of the matter asserted by the statement. a hearsay statement is also one that is made other than “while testifying at the current trial or hr’g” 801(c)

Question 4

what are the elements of hearsay

Answer 4

a hearsay issue requires that (1) a “declarant” (2) made a “statement”, (3) “not while testifying” (4) that is being used to prove the truth of the matter asserted in the statement.

Question 5

for what purpose may hearsay be be used?

Answer 5

not the truth of the matter asserted (unless it qualifies as “not hearsay” under the incomprehensible 801(d) rule) but some other relevant purpose: eg, the effect on the listener, the declarant’s m/s, the “verbal act” doctrine. and many others. the game is just finding a reason to get the hearsay in

Question 6

what is “not hearsay”
what two main boxes does this include?

Answer 6

This is the bizarre 801(d) rule which states that for these kinds of statements which otherwise meet the definition of hearsay they are for evidence purposes “not hearsay” and may be used even for the TOMA.

this includes, first a witness’ prior statements and second statements by party opponent.

Question 7

who qualifies as party oppenent

Answer 7

The party’s own statement (direct admissions).
Statements by someone authorized to speak on the party’s behalf (authorized admissions).
Statements by the party’s agent or employee concerning a matter within the scope of their employment, made during the employment relationship.