Lecture 8. Article VIII. Hearsay Flashcards
What is hearsay in legal terms?
Hearsay is a statement made outside of court that is offered in court to prove the truth of the matter asserted.
What are the three types of statements defined in Rule 801(a)?
Oral assertions, written assertions, and nonverbal conduct intended as an assertion.
Who is a declarant in the context of hearsay?
The person who makes the statement.
What are the two key characteristics of hearsay under Rule 801(c)?
- The statement was not made while testifying at the current trial or hearing.
- It is offered as evidence to prove the truth of the matter asserted.
What are the three conditions for a declarant-witness’s prior statement to not be considered hearsay under Rule 801(d)(1)?
- It is inconsistent with the declarant’s testimony and was given under oath.
- It is consistent and rebuts charges of recent fabrication or improper motive.
- It identifies someone the declarant perceived earlier.
What are the conditions for an opposing party’s statement to not be considered hearsay under Rule 801(d)(2)?
- Made by the party or adopted by the party.
- Made by an authorised person or an agent within their scope.
- Made by a coconspirator during and in furtherance of the conspiracy.
What are the four risks of imperfections associated with witness testimony?
- Perception (inaccurate sensory input).
- Recollection (faulty memory).
- Narration (difficulty in describing events accurately).
- Sincerity (truthfulness).
Why is hearsay generally inadmissible in court?
It bypasses the safeguards of oath, personal presence, and cross-examination, increasing risks of imperfections.
What does Rule 802 state about hearsay?
Hearsay is not admissible unless allowed by a federal statute, the Federal Rules of Evidence, or rules prescribed by the Supreme Court.
What are the four risks of imperfections specific to hearsay?
The same as witness testimony: perception, recollection, narration, and sincerity—applied to the declarant.
How does the 6th Amendment relate to hearsay?
It guarantees the right to confront witnesses, which hearsay typically violates since the declarant is not present for cross-examination.
What happens if a declarant is unavailable, such as in cases of death?
The admissibility of their statement as hearsay depends on exceptions provided in the Federal Rules of Evidence.
Define the term “epistemology” as discussed in the lecture.
Epistemology is the philosophical study of knowledge, questioning “how do I know that?”
Why are the three courtroom tests (oath, presence, and cross-examination) important?
They aim to ascertain truth by exposing imperfections in testimony.
