Hearsay (Writing Template) Flashcards
Hearsay
Hearsay is an out of court statement, other than one made by the declarant while testifying at trial, offered to prove the truth of the matter asserted. Statements can be written, verbal, or conduct by person (no animals/machine communication). Hearsay is excluded because there is no opportunity to cross examine the witness so there are concerns about reliability of the statement. Here…
The rule against hearsay is exempted from proposition 8. Here…
Multiple Hearsay
Multiple hearsay is hearsay within hearsay. For the entire statement or document to come in, all levels of hearsay must be admissible. Here,
Not Hearsay - LICE
Our of court statements are NOT hearsay if they are not offered for the truth of the matter asserted. Here,
(Legal Operative Facts, Effect on Listener, Circumstantial Evidence of Declarant’s State of Mind, Impeachment)
Not Hearsay - Legal Operative Facts
Words that themselves have legal consequence, such as words of a contract (offer or acceptance) or words that defame, are not hearsay. Here,
Not Hearsay - Effect on the Listener
An out of court statement that is offered to show the effect on the listener is NOT hearsay. Here,
(i.e. witness heard someone notify store clerk of dangerous condition) It is offered to show the store should have been on notice of a potential dangerous condition, rather than to prove that the actual dangerous condition existed/caused the plaintiff’s harm
Not Hearsay - Circumstantial Evidence of the Declarant’s State of Mind
An out of court statement that is offered to show the declarant’s then state of mind is not hearsay. Here,
(“Two days before the killing, Homer said he was Elvis Presley and that it was good to be back”)
Not Hearsay - Impeachment
Out of court statments offered to question the credibility of the in-court witness are admissible because thy are offered for impeachment, not for its truth. Here…
Non-Hearsay - Prior Inconsistent Statement
A prior statement given under oath at a prior proceeding is non-hearsay if it is inconsistent with the declarant’s in-court testimony. Here,
Non-Hearsay - Prior Consistent Statement
A prior consistent statement is nonhearsay if it is offered to rebut a charge that the witness is lying or exaggerating. Here,
Non-Hearsay - Prior Identification
A prior identification is nonhearsay so long as the declarant is available as a witness. Here,
CA also requries 1) the statement made while the event was fresh in W’s memory and 2) W must testify as to prior identification and confirm that it was his opinion when he made it. Here,
Non-Hearsay - Admission by a Party Opponent
An opposing party’s statement is not hearsay under the federal rules. The statement need not be against interest.
CA recognized admissions by a party opponent as an exception to hearsay and not “nonhearsay”. Here,
Admission by a Party Opponent - Vicarious Admission
A statement of a person authorized by a party to speak on its behalf can be admitted against the party as an admission
Admission by a Party Opponent - Admission by Authorized Agent
Statements by an agent concerning any matter within the scope of her agency made while the employment relationship exists, can be admitted against the party as an admission. Here,
Admission by a Party Opponent - Adoptive Admission (Silence)
Silence is treated as an admission only if 1) the party heard and understood the statement, 2) the party was physically and mentally capable of denying the statement, and 3) a reasonable person would have denied the accusation. Here,
Admission by a Party Opponent - Co-conspirator Admission
Admissions of one conspirator, made in furtherance of a conspiracy to commit a crime or civil wrong at a time when the declarant was participating in the conspiracy, are admissible against all other co-conspirators. However, there must have been an opportunity to cross-examine the declarant. Here,
