Evidence –Hearsay UPDATED Actual Exam Questions and CORRECT Answers
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Course
Evidence –Hearsay
Institution
Evidence –Hearsay
Evidence –Hearsay UPDATED Actual
Exam Questions and CORRECT Answers
Hearsay definition and rationale - CORRECT ANSWER- an out-of-court statement
offered for the purpose of establishing the truth of the matter
Rationale: it denies the opponent the opportunity to cross-exam the person whose p...
Evidence –Hearsay UPDATED Actual
Exam Questions and CORRECT Answers
Hearsay definition and rationale - CORRECT ANSWER- ✔✔an out-of-court statement
offered for the purpose of establishing the truth of the matter
Rationale: it denies the opponent the opportunity to cross-exam the person whose perception,
memory and sincerity are in issue
Questions to ask regarding hearsay - CORRECT ANSWER- ✔✔1) Is it an out of court
statement?
2) What precisely is the out of court statement?
3) is it being offered for the purpose of establishing its truth?
What is involved in a hearsay - CORRECT ANSWER- ✔✔One Scenario: 1) declarant
making the statement, 2) witness reporting the statement in court
Alternative Scenario: 1) declarant writing the out of court statement, 2) writing produced in
court
-these are the same potential hearsay statements
Non-Hearsay Statements - CORRECT ANSWER- ✔✔1) Verbal Acts or Legally Operative
Facts
2) Out of court statement offered not for its truth, but to show its effect on the effect of the
person who heard/read the statement
3) out of court statement offered not for its truth but as circumstantial evidence of declarant's
relevant state of mind
4) Prior Statements of a witness: a) prior inconsistent statements, b) prior consistent
statements, c) prior statement of ID made by a witness
5) Admissions of a party
Verbal Acts or Legally Operative Facts - CORRECT ANSWER- ✔✔Not hearsay
where the words spoken or written have relevant legal significance in the case, by virtue of
being spoken or written
legal jargon
, Out of Court Statements offered to show its effect on the person who heard it - CORRECT
ANSWER- ✔✔Not hearsay
show notice, or to the good faith of, or reason for action or inaction by the person who heard
or read the out of court statement
Ex.: police for PC, "your stairs are broken, mister manager"
OOC Statement as a circumstantial evidence of declarant's relevant state of mind -
CORRECT ANSWER- ✔✔Not hearsay
determines if someone was crazy, not that you are to take what they are saying for its truth
Prior Statements of the witness (not hearsay) - CORRECT ANSWER- ✔✔statements are
being offered for their truth, but are not considered hearsay:
1) Prior inconsistent statement given under oath at a trial, hearing or some other type of
proceeding
2) Prior consistent statement to rebut charge of recent fabrication or improper influence or
motive
3) Prior statement of identification made by a witness
Admission of a Party - CORRECT ANSWER- ✔✔1) Nonhearsay: notion of the idea that
your words will come back to haunt you
2) declaration of a party offered against the party inconsistent with the party's present position
now
3) Need not be against interest at the time of making the statement
4) Need not be based on personal knowledge
5) can be in the form of a legal conclusion
Vicarious Admission - CORRECT ANSWER- ✔✔a statement by the party's agent or servant
concerning a matter within the scope of the agency or employment, made during existence of
the relationship
Hearsay Exceptions - CORRECT ANSWER- ✔✔1) former testimony
2) statement against interest
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