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