Hearsay Flashcards
1
Q
statement
A
an oral or written assertion, or non-verbal conduct intended as an assertion
2
Q
declarant
A
person who made the statement
3
Q
hearsay
A
an out of court statement offered to prove the truth of the matter asserted (toma)
4
Q
NOT hearsay
A
- not proving toma
- effect on listener (eg notice)
- legally operative language (eg, an offer)
- show speaker’s knowledge (eg conspiracy)
- show state of mind (proves something other than toma like insanity)
- implied assertions
- regulator of a machine’s statement
* hearsay exemptions
5
Q
exemptions
A
NOT hearsay and admitted
6
Q
exceptions
A
IS hearsay but still admitted
