Hearsay Exam Questions With Correct
Answers
FRE 801 (c) - answerDefinition of Hearsay
Hearsay - answerA statement, other than one made by the declarant while testifying at the trial
or hearing, offered in evidence to prove the truth of the matter asserted. FRE 801 (c)
Statement - answer(1) An ...
Sincerity - answer✔Is the witess deliberately falsifying?
Ability to Relate - answer✔Does the witness really mean to say what now appears to be the
thrust of her statement?
Cross - Examination at the Time the Statement is Made - answer✔The declarant and the witness
can be the same person. Contemporaneous cross - examination is required.
Oral Statement - answer✔The witness testifies about what someone said.
Writings - answer✔Any written document that is offered in evidence constitutes a "statement"
for hearsay purposes.
Assertive Conduct - answer✔Conduct intended by the actor to be a substitute for words is a
statement within the meaning of the hearsay rule. (i.e. nodding head yes)
Nonassertive Conduct - answer✔Conduct the declarant did not intend as an assertion but which
is being offered as an assertion.
(1) Common Law: Hearsay
(2) FRE: Not Hearsay, because the likelihood of fabricatioin is less with nonassertive conduct
than with assertive or verbal conduct.
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