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Hearsay Exam Questions and Answers 100% Solved | Graded A+
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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 or...

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  • October 22, 2024
  • 5
  • 2024/2025
  • Exam (elaborations)
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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

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.

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