Evidence

Question 1

what is hearsay

Answer 1

an out of court statement offered for the truth of the matter asserted

Question 2

what statements are nonhearsay and not used to prove the truth?

Answer 2

• verbal act: legally operative words
  -statement is only being offered to show it was said
• effect on listener/reader
  -prove motive or intent
  -show a person had notice of a fact
• state of mind
  -to prove someone’s state of mind (not the truth)

Question 3

statements that are not hearsay but are used for the truth

Answer 3

prior statements of a trial witness
opposing party statements