Hearsay (Get Stronger)

Question 1

A declarant’s prior statement that identifies a person as someone the declarant perceived earlier is nonhearsay if what conditions occur?

Answer 1

1. the declarant testifies and
2. is subject to cross-examination about the statement.

Question 2

A prior inconsistent statement is admissible nonhearsay if …

Answer 2

(1) it was given under penalty of perjury at a trial, hearing, deposition, or other proceeding and

(CAN BE USED AS SUBSTANTIVE EVIDENCE IF):
(2) the declarant testifies and is subject to cross-examination.

(CAN BE USED AS IMPEACHMENT EVIDENCE IF):
It is introduced intrinsically, which means it is Testimony used to discredit witness elicited only from that witness.

Question 3

Is the “statement against interest” exception to hearsay applicable if the declarant is unavailable?

Answer 3

Yes, it applies when the declarant is unavailable.

Question 4

May the admission of a party-opponent be used as substantive evidence?

Answer 4

Yes, and it also is NOT hearsay.