Hearsay (1) Flashcards
Three elements of hearsay
- out of court
- statement
- offered to prove the truth of the matter the declarant asserted
Hearsay is all about ___
truthworthiness/ reliability of evidence
At the end of a hearsay analysis, you must also ___
determine relevance
Whether something is a statement depends on whether ___
something was intended to be communicated (could be nonverbal or implied)
A nonverbal statement is only hearsay if __
substituting words for actions
Key question to determine if something is coming in for its truth
If it were false would the evidence be irrelevant
Other reasons than truth that hearsay may come in
- impeachment
- effect on listener
- declarant state of mind
- verbal acts/contract
- prove a legal right
- show listener was on notice
- circumstantial evidence something is more likely to be true
Ways of testing witness in a courtroom
- oath
-demeanor evidence - cross-examination
A statement must be made ___
by a real person (not a machine)
It is still hearsay if the witness ___
is dead
It’s not hearsay if it is being offered to prove the ____ of what a witness is saying
falsity
If you didn’t intend to communicate anything with nonverbal actions, then it isn’t hearsay because ___
no reason to lie to yourself or at least less reason
Other rules that could exclude evidence that captain believed seaworthy (nonverbal actions)
- 701/702, impermissible lay or expert testimony
- 403 not probative
Nothing is an assertion unless ___
intended to be one
Hearsay rule exception about opposing party statements
801(d)(2)
I just spent all morning with an architect planning my retirement home is hearsay if ____
offered to prove not suicidal (not intending to communicate suicidality)
A declarant is a person who ____
person who made the statement from personal knowledge
John finds wife Susan despondent. Susan calmly says “Our neighbor came by and attacked me.” Hearsay?
Yes if repeats statement but can talk about Susan’s demeanor
John finds wife Susan despondent. Susan calmly says “Our neighbor came by and attacked me.” but John after kills neighbor
Not hearsay if offered to show John’s emotional state
Witness says “According to Ellison (Bankman-Fried’s gf), he didn’t believe lying/stealing was immoral.”
Hearsay but also likely kicked out for being prejudicial (403) or for being about character 404(a)
Gf “I won’t leave bus station until you marry me.” Witness overheard. Then gf murdered. Hearsay?
No because offered for motive, not for truth of whether or not she would actually leave the bus station
Machine generated report to prove Blood test to prove levels of alcohol. Hearsay?
No because not a statement (must be made by real natural person)
P in SA harassment employment discrim case says she told supervisor that D was a “dog” and terrible to be with in elevators. Can she quote herself?
Offered to show company was on notice so not hearsay, use 105 limiting instruction (not for truth, limited purpose to show notice)
When offered to show someone lied, generally never ___
hearsay because not being offered for truth just to show that someone lied
