Hearsay Flashcards
Goal toward which the hearsay ban was developed:
Judges developed the hearsay ban and all of its exceptions to force litigants to present the best possible testimony in the courtroom.
All of hearsay doctrine stems from one simple idea:
Firsthand reports are more reliable than secondhand ones.
Rule 802: Hearsay is not admissible unless any of the following provides otherwise:
a federal statue, these rules, or other rules prescribed by the Supreme Court.
Why don’t we like hearsay?
Because firsthand info (personal knowledge)is more reliable, credible, and testable than secondhand info, and it has less chance of error.
5 Questions to Ask About Every Piece of Potential Hearsay:
- Does the evidence contain a statement?
- Did the statement occur outside the courtroom?
- Is the party offering the statement to prove the truth of the matter asserted?
- Does an exception apply?
- Does the 6th Amendment limit use of the statement?
True or False:
Rule 801(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
True.
Rule 801(b) Declarant. “Declarant” means . . .
. . . the person who made the statement.
Rule 801(c) Hearsay. “Hearsay” means a statement that: (1) - (2)
(1) the declarant does not make while testifying at the current trial or hearing; and
(2) a party offers into evidence to prove the truth of the matter asserted in the statement.
Rule 801(d) Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay:
(1) A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement and the satement: (A) - (C)
(A) is inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
(B) Is inconsistent with the declarant’s testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or
(C) identifies a person as someone the declarant perceived earlier.
Rule 801(d) Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay:
(2) An opposing Party’s Statement. The statement is offered against an opposing party and: (A) - (E)
(A) was made by the party in an individual or representative capacity;
(B) is one the party manifested that is adopted or believed to be true;
(C) was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or
(E) was made by the party’s coconspirator during and in furtherance of the conspiracy.
The statement must be considered but does not by itself establish a declasrant’s authrity under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).
Truth of the Matter Asserted: (in 801(c)(2))
- Goes to the _____ ___ ____ the statement is being offered.
- Focus on the ______ ______ of the speaker and the _____ __ ___ ______.
- If the offering party wants the ____-_____ to believe the ____ of the statement’s _____, it is hearsay.
- If the statement is offered for _____ _____, it is not hearsay.
- purpose for which
- personal knowledge; content of the statement
- fact-finder; truth; content
- another purpose
Other Purposes For Which the Statement Could Be Offered Other Than To Prove the Truth of the Matter Asserted in the Statement
- Notice to the listener.
- that the V was told that the step was rotten - Knowledge of the speaker.
- That the V was aware that the step was rotten. - Effect on the listener.
- That the V feared the D in an assault case. - Legally binding statements.
- “I accept!” in a contract dispute case. - Etc. that you can think of which don’t involve proving the truth of the matter asserted in the statement.
True or False:
A prior inconsistent statement is hearsay when used to impeach a witness.
False. A prior inconsistent statement is not hearsay when used to impeach a witness.
True or False:
A prior inconsistent statement isn’t hearsay when it’s offered to prove the “truth of the matter asserted.”
False. A prior inconsistent statement is hearsay when it’s offere to prove “the truth of the matter asserted.”
True or False:
A prior inconsistent statement is not hearsay when it’s offered to prove that the witness has said different things at different times.
True.
