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Evidence -Hearsay Exam Questions With Correct Answers

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©SIRJOEL EXAM SOLUTIONS 10/7/2024 11:03AM Evidence -Hearsay Exam Questions With Correct Answers Hearsay definition and rationale - answeran out-of-court statement offered for the purpose of establishing the truth of the matter Rationale: it denies the opponent the opportunity to cross-exam t...

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  • October 16, 2024
  • 11
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • EVIDENCE: HEARSAY
  • EVIDENCE: HEARSAY
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©SIRJOEL EXAM SOLUTIONS
10/7/2024 11:03AM



Evidence -Hearsay Exam Questions With
Correct Answers


Hearsay definition and rationale - answer✔an out-of-court statement offered for the purpose of

establishing the truth of the matter

Rationale: it denies the opponent the opportunity to cross-exam the person whose perception,

memory and sincerity are in issue


Questions to ask regarding hearsay - answer✔1) Is it an out of court statement?


2) What precisely is the out of court statement?

3) is it being offered for the purpose of establishing its truth?


What is involved in a hearsay - answer✔One Scenario: 1) declarant making the statement, 2)

witness reporting the statement in court

Alternative Scenario: 1) declarant writing the out of court statement, 2) writing produced in court

-these are the same potential hearsay statements


Non-Hearsay Statements - answer✔1) Verbal Acts or Legally Operative Facts

, ©SIRJOEL EXAM SOLUTIONS
10/7/2024 11:03AM


2) Out of court statement offered not for its truth, but to show its effect on the effect of the

person who heard/read the statement

3) out of court statement offered not for its truth but as circumstantial evidence of declarant's

relevant state of mind

4) Prior Statements of a witness: a) prior inconsistent statements, b) prior consistent statements,

c) prior statement of ID made by a witness

5) Admissions of a party


Verbal Acts or Legally Operative Facts - answer✔Not hearsay


where the words spoken or written have relevant legal significance in the case, by virtue of being

spoken or written

legal jargon


Out of Court Statements offered to show its effect on the person who heard it - answer✔Not

hearsay

show notice, or to the good faith of, or reason for action or inaction by the person who heard or

read the out of court statement

Ex.: police for PC, "your stairs are broken, mister manager"


OOC Statement as a circumstantial evidence of declarant's relevant state of mind - answer✔Not

hearsay

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