801 (a), (b) + (c)

Question 1

801(b)?

Answer 1

Declarant

Question 2

A declarant is ____ ?

Answer 2

The person who makes a statement based on personal knowledge.

Question 3

T/F: Declarant must testify with firsthand knowledge

Answer 3

True

Question 4

801(c)?

Answer 4

Hearsay definition

Question 5

Hearsay is ___ ?

Answer 5

a statement made by a declarant offered to prove the truth of the matter asserted.

Question 6

Evidence being offered for the truth of the matter asserted means?

Answer 6

The evidence is being offered to prove the truth of its content.

Question 7

Evidence is not being offered for the truth of the matter asserted means?

Answer 7

Evidence being offered to show the statement was made for any other purpose.

Question 8

801(a)?

Answer 8

Statement

Question 9

A statement is ___ ?

Answer 9

any action undertaken by the declarant that is intended to communicate a fact.

Question 10

Under 801(a), a action can be___ ? (3)

Answer 10

oral
written
nonverbal

Question 11

T/F: Assertion has to be an human assertion

Answer 11

True

Question 12

4 questions to ask yourself to determine if statement is being offered for the truth of the matter asserted.

Answer 12

1. Does the evidence contain a statement?
2. Does the statement occur outside of the courtroom?
3. Is the statement being offered to prove the truth of the matter asserted?
4. Doe the 6th amendment limit the use of the statement?

Question 13

When a declarant communicates through its conduct, that is ?

Answer 13

non verbal conduct