Hearsay

Question 1

classic example of hearsay

Answer 1

witness relates prior statement of a person for the truth of what the statement asserts.

Question 2

Is reliability an issue in hearsay?

Answer 2

yes!
Hearsay introduces outside persceptions in court which cannot be tested for their reliability becuase the person is not actually in court

safeagurds for truthful testimony are not applicable to who said it

Question 3

Safegaurds for truthful testimony

Answer 3

1. oath; swears to tell the truth- crime if not
2. demeanor; jury gets to see the W on the stand
3. cross-exam; test the strenght of memory, accuracy, ect

Question 4

801(c)

Answer 4

Statement that;
1. the declarant does not make while testifying at the current trial or hearing and
2. a party offers in evidence to prove the truth of the matter asserted in the statement

Question 5

Out of Court?

Answer 5

1. is the assertion made out of court?
2. is the statement being used for its truthfulness?

Question 6

evidence of an affidavit of former employee, describing tests showing rollovers with a car.
Is this hearsay?

Answer 6

evidence of an affidavit of former employee, describing tests showing rollovers with a car.
1. yes, the affadavit is an out of court declaration
2. yes, the evidence is offered to prove the facts (rollover hazard)
3. is it a statement under 801(a)? yes, includes oral or written assertions.
Hearsay

Question 7

Gesture as hearsay

Answer 7

non-verbal conduct intended as an assertion

Question 8

W gestures after asking about bike to indicate no money to fix bike

Answer 8

1. did this occur out of court? yes
2. is it being offered for the truth? yes, to show the D is short of cash
3. is this a statement? yes
   Hearsay

Question 9

Quoting themselves while picking out a suspect in a line-up

Answer 9

1. out of court? yes
2. is the statement being offered for the thruth? yes to show she identified the robber
3. is this a statement? yes- oral assertion.
   Hearsay- but 801(d)(1)(c) exception- statement of identification can be admitted over hearsay objection

Question 10

when is a statement being offered for the truth

Question 11

when the statements truthfulness does not matter

Answer 11

when the effect on the listener is what matters- being heard is enough. no hearsay

Question 12

verbal acts

Answer 12

whether or not its true, the statement itself has legal effect

Question 13

Inconsistent statements to impeach only

Answer 13

A in accident
At the scene J said light was red for A. on the stand J says the light was green for A. Laywer can cross on prior statement that it was red, NOT to show that the light was red but to show inconsistency and cast doubt on todays testimony

Question 14

W has heard the D and V arguing about getting married. is this hearysay?

Answer 14

Offered to prove motive for D murdering V because he doesnt want to get married.
Not hearsay- not offered for the truth of the statement

offered to show effect on the listener- not the truth

Question 15

W shoots H

H threatens wife that he is going to “shake her up” if she keeps looking at him. Hearsay?

Answer 15

Statement not offered for truth- offered to show effect on the listener. goes to show that she felt threatened for her life and killed H out of self defense

Question 16

fradulent customs declaration

is the statement “no, i didnt get anything else” admissible?

Answer 16

purpose was to show that the guy is a liar- not being offered for trutfulness- being offered for the exact opposite- dirty liar

Question 17

fraudulent customs declaration

statement “I have more items to declare”

Answer 17

not hearsay; offered to show that he tried to declare more items.

Question 18

limited purpose evidence

Answer 18

gets a 105 limiting instruction- make sure the jury uses the evidence correctly

Question 19

What is an assertion

Answer 19

message intended to be communicated from 1 to a known audience
Hearsay does not include noassertive noverbal consuct

not likely to be lying

Question 20

ppl on the street with an umbrella

Answer 20

not asserting that its raining- not trying to communicate that fact to an audience- just acting in own self-interest

Question 21

ship captain inspects the boat and takes his family aboard. is this hearsay

Answer 21

no. not an assertion- action was not to communicate with anyone else- he was just checking the ship for himself.

acting in own sef-interest

Question 22

press conference where he says that he is taking wife and children to a blast site to show that it is safe to go. Is this hearsay?

Answer 22

out of court- yes
offered for truth- yes
assertion- known audience? yes; intends to communicate safety

Question 23

when an assertion is not clear

Answer 23

close cases should be decided in favor of admissibility- let it in (not assertive and not hearsay)

Question 24

Agriculture head facing issues over concerns of mad cow disease transferring through beef. He and his daughter eat a burger infront of a reporter. Is this hearsay?

Answer 24

yes- doing it for an audience to demonstarte that the beef is safe to eat.

Question 25

verbal acts

Answer 25

statements that have legal effect just by saying them. EX: customs office “i dont have anything else to declare”