Evidence

Question 1

Definition of Hearsay Evidence

Answer 1

“Hearsay is a statement that:

(a) the declarant does not make while testifying at the current trial and
(b) the party offers in evidence to prove the truth of the matter asserted in the statement.”

OR

“Hearsay is an out of court statement offered in evidence by a litigant to prove the truth of the matter asserted by the declarant.”

OR

A fact an out-of-court person asserted
for the use it is being offered for
by the litigant offering it.

Does the jury need to assess the credibility of the out-of-court person? If yes, HS, if no NO HS.

Question 2

When are punitive damages available in California?

Answer 2

According to California Civil Code §3294 “where is it proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.”