hearsay

Question 1

hearsay

Answer 1

definition
non-hearsay statements
principal categories of non-hearsay purposes
prior statements of trial witness
party admission

Question 2

hearsay

definition

Answer 2

An out of court statement by a person offered to prove the TOTMA.
Hearsay is INADMISSIBLE unless an exception or exclusion applies

Question 3

hearsay

non-hearsay statements

Answer 3

Some out of court statements may look like hearsay at first glance but are NOT if they are NOT offered to prove the TOTMA.
An out of court statement may be relevant to some issue simply b/c it was spoken or written.
If offered for some other purpose, credibility of the witness is irrelevant. If the statement was spoken, the witness can be cross examined; if the statement was written, it can be examined as an exhibit.

Question 4

hearsay

principal categories of non-hearsay purposes

Answer 4

1. Verbal act (legally operative words)
2. To show effect on person who read/heard the statement.
3. Circumstantial evidence of speaker’s state of mind

Question 5

hearsay
principal categories of non-hearsay purposes
verbal act

Answer 5

A situation where the substantive law attaches rights or obligations to certain words simply b/c they were spoken.
Examples: (K) acceptance, (property) terms of patent or making gift, (crime) bribe, perjury, fraud, (tort) defamation, words accompanying ambiguous acts

Question 6

hearsay
principal categories of non-hearsay purposes
to show effect on person who read/heard the statement

Answer 6

If a person reads/hears someone else make certain statements, this may be relevant:

1. to put the reader/listener on notice of something
2. to create fear
3. to give the reader/listener a motive or probable cause to do something w/o regard to whether the statement is true

Question 7

hearsay
principal categories of non-hearsay purposes
circumstantial evidence of speaker’s state of mind

Answer 7

i.e. giving a false alibi implies consciousness of guilt, asking a question may imply lack of knowledge

Question 8

hearsay

prior statements of trial witness

Answer 8

GR: A witness’s own prior statement, if offered to prove the totma in the statement is INADMISSIBLE HEARSAY unless an exception/exclusion applies.
3 witness statement exclusions from hearsay (hearsay exclusion)
1. Witness’s prior statement of identification of a person
2. Witness’s prior inconsistent statement if 1) oral, 2) under oath, and 3) made during formal trial, hearing, proceeding, or deposition
3. Witness’s prior consistent statement if to rebut charge of recent fabrication or contention of inconsistency or sensory deficiency

Question 9

hearsay
party admissions (opposing party statement)

Answer 9

Any statement made by an opposing party is admissible for its truth if it is offered against the opposing party.
Party ought to bear the consequences of what she says. Can explain to jury and cannot explain about inability to cross examine self.
Can be called either “party admissions” or “opposing party statement”

Question 10

hearsay
party admissions (opposing party statement)
adoptive admission

Answer 10

If a party expressly or impliedly adopts a statement made by another person, it is as though the party herself made the statement.
Adoption by silence occurs when a party who hears another person’s statement remains silent under circumstances in which a reasonable person would protest if the statement were false.

Question 11

hearsay
party admissions (opposing party statement)
vicarious party admission (agency)

Answer 11

Statement by agent/employee is ADMISSIBLE against principal/employee if statement concerns matter w/in scope of agency/employment and is made during the existence of the agency/employment relationship.

Question 12

hearsay
party admissions (opposing party statement)
co-conspirator’s statement

Answer 12

Co-conspirator’s statement is ADMISSIBLE against a fellow co-conspirator IF the statement was made i) during and ii) in furtherance of the conspiracy.