Hearsay Flashcards
1
Q
Hearsay definition
A
prior statement (intended as an assertion) made by an out of court declarant offered for the truth of the matter asserted
2
Q
Statement?
A
Declarant must have intended it as an assertion
Declarant must be a PERSON but doesn’t need to be a W
- can be statement to yourself
- can be silence or gesture or conduct
- cannot be implied assertion
- cannot be a directive
3
Q
When statements are NOT offered for truth of the matter asserted:
A
- Mental state of the party (were actions willful, malicious, intent to murder, etc.)
- Effect on the hearer
- Knowledge or proof of notice
- State of the mind of declarant
4
Q
Non-hearsay (exemptions to hearsay)
A
Legally operative facts Prior inconsistent statement Prior consistent statement Prior identifications Party admissions
