Hearsay Basics
Give the full definition of hearsay.
Out-of-court statement offered in court to prove the truth of the matter asserted.
Name the rule that lets in the defendant’s own text: ‘I did it.
801(d)(2)(A) opposing-party statement.
Slip-and-fall plaintiff offers email: ‘Your floor is slippery,’ to show notice. Hearsay?
Not hearsay—effect on listener/notice.
Match each:
(1) ‘He’s weaving into our lane now.’
(2) ‘He ran the light!’ yelled seconds after crash.
Name the exceptions.
(1) present sense impression;
(2) 803(2) excited utterance.
911: ‘Red pickup is swerving into our lane right now.’ Offered to prove swerving.
Hearsay; 803(1) Present Sense Impression.
Name two forms of a ‘statement’ besides spoken words.
Writing; assertive nonverbal conduct (e.g., head-nod).
Accused stays silent when a reasonable person would deny. What rule?
801(d)(2)(B) adoptive admission (foundation required).
"I accept your offer" in a contract case. Why not hearsay?
Words are legally operative—independent legal significance.
Text: ‘I’m going to meet Casey at 8,’ offered to show plan to go. Which rule & limit?
803(3); proves declarant’s intention, not (by itself) Casey’s conduct.
Bleeding victim gasps, ‘Rico stabbed me,’ believing they’re dying; civil wrongful-death case.
Hearsay; 804(b)(2) Dying Declaration (civil allowed).
Which set correctly states hearsay elements?
A) Out-of-court + statement + offered for truth.
B) Out-of-court + statement + declarant unavailable.
C) In-court + statement + offered for truth.
A) Out-of-court + statement + offered for truth.
Manager says during employment: ‘We skipped nightly checks,’ offered against store.”
801(d)(2)(D) (within scope and during relationship).
"Where’s the gun?" "Leave now." Hearsay?
Not hearsay—no assertion
Business records elements (spot the wrong one) Which list has a wrong element?
A) Made at/near time; by someone with knowledge; kept in regular course; regular practice to make; trustworthy.
B) Made at/near time; declarant unavailable; kept in regular course; trustworthy
B is wrong—unavailability is not required.
Hospital intake log with timestamps and vitals kept in regular course.
Hearsay; 803(6) Business Records (trustworthiness permitting).
If the statement were false and you’d still offer it for the same reason, is it hearsay?
No; then it’s not for truth → not hearsay
Witness made a lineup identification; today the witness testifies. Admissible how?”
801(d)(1)(C) prior identification (declarant must testify and be subject to cross).
"I’m terrified of Alex," offered to prove the declarant’s fear (duress).
Not hearsay—used circumstantially for declarant’s mental state.
Former testimony (804(b)(1))
Two key requirements?
Declarant unavailable; opponent (or predecessor in interest in civil) had opportunity & similar motive to develop testimony.
Witness selected D in a lineup; at trial witness testifies but is uncertain; State offers the lineup ID.
Non-hearsay; 801(d)(1)(C) Prior Identification.
Hearsay within hearsay... Rule and requirement?
FRE 805; each layer must be independently admissible (exclusion or exception).
Which is not a requirement for 801(d)(1)(A) prior inconsistent statement?
A) Made under oath.
B) Made at a prior proceeding or deposition.
C) Declarant testifies and is subject to cross.
D) Declarant is unavailable
D is wrong; unavailability not required.
Which of these is not a classic ‘not for truth’ use?
A) Effect on listener.
B) Verbal act.
C) To prove the event actually happened.
D) Circumstantial state of mind of declarant
C is wrong; that’s for truth → hearsay unless an exception.
Dying declaration (804(b)(2)) (spot the wrong element)
Pick the incorrect requirement:
A) Declarant believes death is imminent.
B) Statement about cause/circumstances of what is believed to be impending death.
C) Admissible in all criminal cases and civil cases.
D) Declarant unavailable.
C is incorrect; in criminal, typically limited to homicide prosecutions (plus civil).
ER note reads: ‘Patient says the spill existed for an hour.’ Offered to prove duration.
Layer 1: Record = 803(6); Layer 2: Patient’s statement needs its own basis (e.g., 803(1) present sense, 803(4) if pertinent to care) or offer for notice (effect on listener → not hearsay).