hearsay

Question 1

hearsay

Answer 1

an out-of-court statement offered to prove the truth of the matter asserted; generally inadmissible unless an exception/exemption applies

Question 2

exemptions

Answer 2

deemed “non-hearsay” and thus admitted

Question 3

exceptions

Answer 3

deemed hearsay, but still admitted

Question 4

admissible out-of-court statements (not hearsay)

Answer 4

1) statements of independent legal significance
2) statements offered to show their effect on the listener/reader
3) statements offered to show speaker’s knowledge
4) statements offered to show state of mind

Question 5

non-hearsay exemptions

Answer 5

1) statement of party-opponent
2) declarant-W’s prior statement

Question 6

statement of party-opponent

Answer 6

out-of-court statements by a party are admissible if offered against that party

Question 7

declarant-W’s prior statement

Answer 7

a prior statement by a declarant who testifies and is subject to cross-exam is admissible where the statement is either:
1) inconsistent with declarant’s testimony and given under oath
2) prior consistent statement
3) prior statement of ID after perception

Question 8

non-hearsay

Answer 8

1) prior statements of a trial witness
2) opposing party’s statement

Question 9

prior statements of a trial witness

Answer 9

1) prior statement of ID
2) prior inconsistent statement (made under oath and declarant subject to cross)
3) prior consistent statement

Question 10

opposing party’s statement

Answer 10

any statement made by the opposing party that is offered against that party (incl. adoptive admissions, agent/employee statements made during relationship, and statements by co-conspirators in furtherance of conspiracy)