Random Evidence Questions

Question 1

Hearsay:

A statement may be either Oral or _____?

Answer 1

Written.

A statement may be either Oral or Written.

Question 2

Hearsay:

When is non-verbal conduct that occurred out of court may be Hearsay when it is intended to _______?

Answer 2

To make a statement.

Non-verbal conduct may be Hearsay when it is intended to make a statement.

Question 3

May a witness repeating his or her own out-of-court statement be Hearsay?

(W testifies, “after the accident, I told the police officer that the light was green when I drove through.”)

Answer 3

Yes, if the witness’s prior, out-of-court statement is being offered to prove the truth of the matter asserted. (Here, that the light was green.)

Question 4

Under the Federal Rules, when offered to prove the truth of the matter asserted, a testifying witness’s prior inconsistent statement made at a deposition is:
response - incorrect

A Hearsay, but admissible as an exception

B Not hearsay, as long as the witness is subject to cross-examination

C Inadmissible hearsay

D Not hearsay, as long as the witness is given an opportunity to explain or deny the prior statement

Answer 4

B Not hearsay, as long as the witness is subject to cross-examination

A testifying witness’s prior inconsistent statement made at a deposition is not hearsay because the statement was made under penalty of perjury.

Prior inconsistent statements made under oath at a prior trial or proceeding, or in a deposition, are considered nonhearsay under the Federal Rules as long as the declarant is now testifying and subject to cross-examination (i.e., willingly responding to questions).