Evidence Law - Hearsay

Which of the following is not a characteristic of hearsay?

• statement made out of court

• disclosing a fact or underlying data

• a statement oral, written or gesture

• offers evidence to prove the truth of the matter

Is the following an exception to hearsay or not hearsay?

"Prior inconsistent statement"

• exception to hearsay

• not hearsay

• neither

Is the following an exception to hearsay or not hearsay? "Statement by a party opponent"

• exception to hearsay

• not hearsay

• neither

Is the following an exception to hearsay or not hearsay?

"A statement made describing an event that happens immediately after they perceive it"

• exception to hearsay

• not hearsay

• neither

Is the following an exception to hearsay or not hearsay?

A "dying declaration"

• exception to hearsay

• not hearsay

• neither

Is the following an exception to hearsay or not hearsay?

"A witness identifies a person perceived earlier"

• exception to hearsay

• not hearsay

• neither

Is the following an exception to hearsay or not hearsay?

"A medical record offered up as evidence that deals with a diagnosis"

• exception to hearsay

• not hearsay

• neither

What is the definition of hearsay?

• an out-of-court statement, made in court, to prove the truth of the matter asserted.

• an in-court statement

• when the judge hears a witness say something

A bystander testifies, "The driver who hit the bicyclist told me that she was really tired."

What hearsay exception is this?

• Dying declaration

• Hearsay

• Official Records

• State of Mind

An acupuncturist testifies that Dennis told him that his neck had been hurting for two months.

What hearsay exception would this fall under?

• Dying Declaration

• Official Records

• Speculation

• Medical Diagnosis/Treatment