Hearsay

Question 1

Hearsay

Answer 1

out of court statement offered for the truth of the matter

Question 2

Not hearsay

Answer 2

effect on the listener, independent legal significance

Question 3

Hearsay exemptions

Answer 3

Statement of party opponent, co-conspirator statement, prior statements

Question 4

Statement of party opponent

Answer 4

Direct statement, statement by admission, adoptive admission, authorized admission, vicarious admission

Question 5

Hearsay exceptions (declarant presence immaterial)

Answer 5

present sense impression, excited utterance, then-existent mental/emotional/physical condition, statements for medical treatment, past recollection recorded, business records exception, public records

Question 6

hearsay exceptions (declarant unavailable)

Answer 6

Former testimony, dying declaration, statements against interest.

Question 7

Triggers for declarant unavailable

Answer 7

PRISM: Privilege, Refusal, Incapability, don’t respond to Subpoena, lack of Memory