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5 Cards in this Set
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Hearsay
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Hearsay is an (1) out-of-court (2) statement (3) offered for the truth of the matter asserted. It is generally inadmissible because the veracity of the witness at the time the statement was made cannot be tested.
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Hearsay, California
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Rule against hearsay is exempt from Prop. 8.
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Hearsay, Analysis
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Here, X's statement that XXX was made at the scene of the accident, and therefore qualifies as an out-of court statement. It is being offered to show that X was indeed XXX, and therefore is being offered for its truth. Consequently, it is hearsay.
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Hearsay, “Statement”
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Verbal or written expression of a person or conduct by a person intended to communicate (assertive conduct). MUST BE Assertive—look at surrounding circumstances, MUST be voluntary, AND MUTS BE a Person—not dog or computer.
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Hearsay, Non-Hearsay Purposes
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(1) Impact in listener, (2) Prove something other than asserted (e.g. “I am Dracula”), (3) Proof of knowledge, (4) Only significance is that statement was made (5) Legally Operative Words (Contract, Threat, Slander, Gift, Adverse Possession) (6) Inconsistent Statement to Impeach
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