Hearsay Flashcards
Definition of hearsay
an out of court statement that is offered to prove the truth of the matter asserted.
Analysis for hearsay- steps
- is the assertion or conduct an OOC statement?
- who is the declarant?
- for what purpose is it being entered?
- any exceptions apply?
In a trial for slander, P is suing bc D said “P is a deadbeat who smells bad.” Offers ev from a W that D said that. Hearsay?
no- tortious words are not hearsay
In a contract case, P offers the written offer the parties signed. Hearsay?
no- transactional words are not hearsay
On cross, counsel can xexamine a W about prior statements. When are those prior statements NOT hearsay?
- prior sworn inconsistent statement
- prior consistent statement
- prior ID
- used for impeachment, not substantive ex
P offers evidence that D said “I killed Marta.” hearsay?
no- made by the party in an individual capacity
P offers evidence that E said “did you kill Marta?” and D looked at him and smiled, and stayed silent. Hearsay?
no- a statement the party manifested that it adopted or believed to be true
D hires a spokesperson to talk to the press about the trial. Spokesperson goes up to the microphone at a press conference adn says “D killed Marta.” hearsay?
no- made by person the party authorized to make a statement on the subject
P offers ev that D’s employee said “the axe you’re looking for is in D’s truck.” hearsay?
no- made by a party’s employee on a matter within the scope of that relationship while it existed
P offers ev that D’s co-conspirator said “Don’t forget the axe” to D on the day before the murder.
Hearsay?
no- statement made by the party’s co conspirator in furtherance of the conspiracy
After P accused W of lying when he said “I didn’t see D”, D offers ev that W said the same thing to his mom a week ago. Hearsay?
MBE: no- prior consistent statement.
admissible as substantive ev to reubut against recent fabrication or improper influence or motive
MD: hearsay.
exception: if it’s a prompt complaint of sex assault by V
P offers ev that W saw D on the street and said, “that’s the man who robbed me.” W moves to Russia and isn’t available to testify. Hearsay?
yes- prior ID is not hearsay only when the declarant is testifying at trial
Under confrontation cl of 6A, ___ is inadmissible against a D who ___
testimonial hearsay
D who has not had an opp to xexam
party against whom a statement is used can attack the declarant how?
any way they could have attacked/ supported if the declarant testified
prior inconsistent statements made under oath: hearsay?
MBE: no, exempt
MD: exception IF:
1) reduced to writing and signed
or
2) recorded contemporaneously
