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Exam (elaborations)

Evidence –Hearsay Exam Questions and Answers 100% Solved

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Evidence –Hearsay Exam Questions and Answers 100% Solved Hearsay definition and rationale - 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 sincer...

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  • October 22, 2024
  • 13
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Evidence
  • Evidence
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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

Evidence –Hearsay Exam Questions and

Answers 100% Solved


Hearsay definition and rationale - ✔✔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 - ✔✔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 - ✔✔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 - ✔✔1) Verbal Acts or Legally Operative Facts

, ©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

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 - ✔✔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 - ✔✔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 - ✔✔Not hearsay

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