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Hearsay Exam Questions and Answers
100% Solved | Graded A+
FRE 801 (c) - ✔✔Definition of Hearsay
Hearsay - ✔✔A 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 - ✔✔(1) An oral or written assertion, or (2) nonverbal conduct of
a person, if it is intended by the person as an assertion. FRE 801 (a)
Declarant - ✔✔A person who makes a statement. FRE 801(b)
Reasons to Exclude Hearsay - ✔✔The adverse party was denied the
opportunity to cross-examine the declarant that made the statement.
Cross - Examination tests: - ✔✔(1) Perception, (2) Memory, (3) Sincerity,
(4) Ability to relate
Perception - ✔✔How well does one observe the event they purport to
describe.
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Memory - ✔✔How well a witness remembers the details she related.
Sincerity - ✔✔Is the witess deliberately falsifying?
Ability to Relate - ✔✔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 - ✔✔The declarant
and the witness can be the same person. Contemporaneous cross -
examination is required.
Oral Statement - ✔✔The witness testifies about what someone said.
Writings - ✔✔Any written document that is offered in evidence constitutes a
"statement" for hearsay purposes.
Assertive Conduct - ✔✔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 - ✔✔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.
Hearsay Exam Questions and Answers
100% Solved | Graded A+
FRE 801 (c) - ✔✔Definition of Hearsay
Hearsay - ✔✔A 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 - ✔✔(1) An oral or written assertion, or (2) nonverbal conduct of
a person, if it is intended by the person as an assertion. FRE 801 (a)
Declarant - ✔✔A person who makes a statement. FRE 801(b)
Reasons to Exclude Hearsay - ✔✔The adverse party was denied the
opportunity to cross-examine the declarant that made the statement.
Cross - Examination tests: - ✔✔(1) Perception, (2) Memory, (3) Sincerity,
(4) Ability to relate
Perception - ✔✔How well does one observe the event they purport to
describe.
, ©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Memory - ✔✔How well a witness remembers the details she related.
Sincerity - ✔✔Is the witess deliberately falsifying?
Ability to Relate - ✔✔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 - ✔✔The declarant
and the witness can be the same person. Contemporaneous cross -
examination is required.
Oral Statement - ✔✔The witness testifies about what someone said.
Writings - ✔✔Any written document that is offered in evidence constitutes a
"statement" for hearsay purposes.
Assertive Conduct - ✔✔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 - ✔✔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.
