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  • Is It Hearsay?

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    Alex Faris
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    The document provides a flowchart for determining whether a statement constitutes hearsay evidence. It begins by asking if the statement is spoken words, written communication, gestures, or a witness's own past statement. If it is one of those things and is being offered to prove what was asserted, it is hearsay. However, if it is being offered to show the effect on the listener or that the listener believed it, it is not hearsay. The flowchart then considers other potential exceptions like statements not made outside of court, unintended utterances, statements generated by machines, and contractual acts.

    Originalbeschreibung:

    Flowchart describe what is hearsay.

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    The document provides a flowchart for determining whether a statement constitutes hearsay evidence. It begins by asking if the statement is spoken words, written communication, gestures, or a witness's own past statement. If it is one of those things and is being offered to prove what was asserted, it is hearsay. However, if it is being offered to show the effect on the listener or that the listener believed it, it is not hearsay. The flowchart then considers other potential exceptions like statements not made outside of court, unintended utterances, statements generated by machines, and contractual acts.

    Copyright:

    © All Rights Reserved
    Als PDF, TXT herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    1K Ansichten1 Seite

    Is It Hearsay?

    Hochgeladen von

    Alex Faris
    The document provides a flowchart for determining whether a statement constitutes hearsay evidence. It begins by asking if the statement is spoken words, written communication, gestures, or a witness's own past statement. If it is one of those things and is being offered to prove what was asserted, it is hearsay. However, if it is being offered to show the effect on the listener or that the listener believed it, it is not hearsay. The flowchart then considers other potential exceptions like statements not made outside of court, unintended utterances, statements generated by machines, and contractual acts.

    Copyright:

    © All Rights Reserved
    Als PDF, TXT herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 1

    Is it

    Hearsay?

    Spoken
    Words

    Written
    Communication
    Gestures

    Witnesss Own
    Past Statement

    Not

    A statement may include may


    include anything a person intended
    to be an assertion

    DOES *NOT*
    INCLUDE

    E.g.,

    Is it being offered in Sure


    Is it being offered to
    order to prove what
    show the effect it
    the statement
    had on the listener?
    asserted?

    Is it a statement
    made outside of
    court?

    Yes!
    NOT
    HEARSAY!

    Yes!
    Statements
    Generated by
    Machine

    Unintended
    Utterances

    THESE ARE
    NOT HEARSAY!

    Yes!

    No
    NOT
    HEARSAY!
    Admissible on
    this front, but
    keep going
    with the
    evidence
    analysis to see
    if there are
    other issues

    No

    Is it being offered to
    show that the
    listener believed it?

    No
    It may be
    admissible
    provided you get
    it past other
    evidence
    hurdles

    Yes!
    Yes!
    Yes!

    Is it being offered to
    prove that the
    statement is false?

    No

    HEARSAY!!!

    No

    No
    Is it a contractual
    act, like an offer?

    Is it being offered to
    prove that the
    statement is false?

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