How to Analyze Hearsay on an Evidence Essay (Pt. 1): What is Hearsay? (FRE 801(c))

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24 Oct 201822:41

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TLDRThis video script offers an in-depth analysis of hearsay under the Federal Rules of Evidence, focusing on Rule 801 C which defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted. It breaks down the concept into three key elements: out-of-court statement, assertion by a human, and offered to prove the truth. The script also differentiates hearsay from statements used for effects on the listener, declarant's state of mind, impeachment, or those with independent legal significance, setting the stage for further exploration of exceptions in Rule 801 D.

Takeaways

📚 Hearsay is generally inadmissible in court unless an exception applies, which is a fundamental concept in the Federal Rules of Evidence.
🔍 The analysis of hearsay involves two main parts: determining if the evidence is hearsay, and if so, whether an exception allows its admission.
📖 According to Federal Rule of Evidence 801(C), hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted.
📝 Hearsay can be identified by three elements: it must be an out-of-court statement, it must be a statement, and it must be offered to prove the truth of the matter asserted.
🏛 'Out of court' is determined by a time and space test, meaning any statement made outside the four walls of the current courtroom and trial is considered hearsay.
🗣️ A 'statement' can be oral, written, or even nonverbal conduct that is assertive in nature, made by a human being.
🎯 The critical element of 'offered to prove the truth of the matter asserted' distinguishes hearsay from other types of evidence; it's not hearsay if the statement is used for another purpose, such as to show state of mind or for impeachment.
👁️ The 'do we care test' helps to determine if a statement is being offered for its truth value, asking whether the court cares if the statement is true or false.
🛑 Common exceptions where a statement may not be considered hearsay include showing the effect on the listener, the declarant's state of mind, impeachment purposes, and statements with independent legal significance.
📜 Examples of statements with independent legal significance include contracts, wills, and other assertions that directly affect legal rights or liabilities.
🔄 Understanding both 801(C) and the exceptions under 801(D) is crucial, as some statements may meet the definition of hearsay under 801(C) but are still admissible under certain exceptions outlined in 801(D).

Q & A

What is the general rule regarding hearsay evidence under the Federal Rules of Evidence?
-The general rule is that hearsay evidence is inadmissible unless an exception applies.
What are the two main parts of hearsay analysis?
-The two main parts are: 1) determining if the piece of evidence is hearsay, and 2) if it is hearsay, checking if there is an exception that allows it to be admitted in court.
According to the Federal Rules of Evidence, what is the definition of hearsay as per Rule 801 C?
-Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted.
What are the three elements needed to identify a statement as hearsay?
-The three elements are: 1) an out-of-court statement, 2) the statement is being offered, and 3) the purpose is to prove the truth of the matter asserted.
What does 'out-of-court statement' mean in the context of hearsay?
-An out-of-court statement refers to any assertion made by a human being outside the four walls of the courtroom and not during the current trial.
Can nonverbal conduct be considered a statement for the purpose of hearsay?
-Yes, nonverbal conduct such as a head nod, head shake, thumbs-up, or thumbs-down can be considered a statement if it is assertive in nature.
What is the 'do we care test' and how is it used in determining hearsay?
-The 'do we care test' is used to determine if a statement is being offered to prove the truth of the matter asserted. If the truth or falsity of the statement is not relevant to the purpose for which it is being introduced, it is not hearsay.
What are some common examples where a statement is not being offered for the truth of the matter asserted?
-Examples include statements offered to show the effect on the listener, to show the declarant's state of mind, for impeachment purposes, and statements that have independent legal significance.
Why would a party introduce an out-of-court statement to attack a witness's credibility?
-A party might introduce an out-of-court statement to show inconsistencies or changes in the witness's story to impeach their credibility, not to prove the truth of the matter asserted in the statement.
How do contracts and last wills and testaments relate to the concept of hearsay?
-Contracts and last wills and testaments have independent legal significance, meaning they attach legal rights or liabilities and are not considered hearsay because they are not being offered for the truth of the matter asserted.
What will be the focus of the next video in the series?
-The next video will focus on Rule 801 D, exploring situations where a statement might meet the criteria for hearsay under Rule 801 C but is still not considered hearsay due to specific exceptions.

Outlines

00:00

📚 Understanding Hearsay Evidence

This paragraph introduces the concept of hearsay evidence under the Federal Rules of Evidence. It emphasizes that hearsay is generally inadmissible unless an exception applies. The speaker simplifies the analysis into two main parts: determining if the evidence is hearsay and checking for exceptions. The focus is on Rule 801(C), which defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted. The speaker breaks down this definition into three elements: out-of-court, statement, and offered to prove the truth. Examples are provided to illustrate these elements, and the video promises to delve deeper into Rule 801(D) in a subsequent part to discuss situations where the statement might not be considered hearsay despite meeting the criteria of Rule 801(C).

05:01

🔍 Analyzing Out-of-Court Statements

The speaker continues the discussion on hearsay by explaining what constitutes an out-of-court statement. This includes any assertion made by a human being outside the courtroom's four walls, regardless of the location or time. The paragraph clarifies that nonverbal conduct can also be considered a statement if it is assertive. Examples are given to distinguish between statements that are offered to prove the truth of the matter asserted and those that are not. The speaker introduces the concept of the 'do we care' test to determine if the statement is being used to prove the truth of the matter asserted or for another purpose, such as showing the effect on the listener or the declarant's state of mind.

10:02

👑 Declarant's State of Mind and Impeachment

This paragraph delves into the third element of hearsay: whether the out-of-court statement is offered to prove the truth of the matter asserted. The speaker uses examples to illustrate how statements can be used to show the declarant's state of mind or for impeachment purposes, rather than to prove the truth of the statement itself. The distinction is crucial because if the statement is not offered to prove the truth, it may not be considered hearsay. Examples include a person claiming to be the King of England to show their state of mind or inconsistencies in a witness's police interrogations to impeach their credibility.

15:04

📜 Independent Legal Significance

The speaker discusses statements that have independent legal significance, which are not considered hearsay even if they are out-of-court statements. These statements, such as contracts or last wills and testaments, attach legal rights or liabilities and can be admitted in court. The paragraph highlights that such statements are not offered for the truth of the matter asserted but because they have legal consequences. Examples include a will contest or a defamation lawsuit, where the statements themselves have legal implications and are not hearsay.

20:05

🔎 Conclusion and Preview of Next Video

In the final paragraph, the speaker summarizes the key points about hearsay evidence, reiterating that it is an out-of-court statement offered to prove the truth of the matter asserted. The speaker emphasizes the importance of understanding both Rule 801(C) and Rule 801(D) to determine if a statement is hearsay. The video concludes with a preview of the next video, which will focus on Rule 801(D) and the exceptions to hearsay, promising further clarification on when a statement might not be considered hearsay despite meeting the criteria of Rule 801(C).

Mindmap

Keywords

💡Hearsay

Hearsay refers to an out-of-court statement that is offered to prove the truth of the matter asserted in the statement. In the context of the video, hearsay is a critical concept because it is generally inadmissible in court unless an exception applies. The video discusses how to determine whether a piece of evidence is hearsay, emphasizing the importance of understanding the Federal Rules of Evidence, particularly Rule 801.

💡Federal Rules of Evidence

The Federal Rules of Evidence are a set of guidelines that govern the admissibility of evidence in federal courts in the United States. Rule 801, specifically, defines what constitutes hearsay. The video script delves into the specifics of Rule 801, explaining how it lays out the criteria for determining hearsay, which is central to the analysis of evidence in legal proceedings.

💡Out-of-court statement

An out-of-court statement is a declaration made outside the courtroom and not under oath, which is a key component in determining hearsay. The video explains that any statement made outside the four walls of the courtroom and during the current trial is considered out-of-court. This concept is crucial in the hearsay analysis as it forms the first element of the hearsay definition.

💡Truth of the matter asserted

This phrase is used to describe the purpose for which an out-of-court statement is being offered in court. If the statement is being used to prove the truth of what it asserts, it is considered hearsay. The video provides examples to illustrate this concept, such as using a statement about a dry erase marker's color to prove that the marker is indeed red.

💡Exception

In the context of hearsay, an exception refers to a circumstance under which hearsay evidence may be admitted despite the general rule against it. The video script mentions that even if a piece of evidence meets the criteria for hearsay, it might still be admissible if it falls under an exception listed in Rule 801.

💡Rule 801 C

Rule 801 C is part of the Federal Rules of Evidence and provides the definition of hearsay. The video focuses on this rule to explain what constitutes hearsay, emphasizing that it is an out-of-court statement offered to prove the truth of the matter asserted. Understanding Rule 801 C is essential for determining whether a statement is hearsay.

💡Rule 801 D

Rule 801 D, while not fully discussed in the video, is mentioned as a complementary rule to Rule 801 C. It outlines situations where a statement might meet the criteria for hearsay but is not considered hearsay due to specific exceptions. The video promises to delve deeper into Rule 801 D in a subsequent video, indicating its importance in the hearsay analysis.

💡Impeachment

Impeachment in the legal context refers to the process of challenging a witness's credibility. The video script uses the example of a witness's inconsistent statements during police interrogations to illustrate how out-of-court statements can be used for impeachment purposes, which is not considered hearsay under Rule 801 C.

💡Independent legal significance

Statements with independent legal significance are those that have legal effects in themselves, such as contracts or wills. The video explains that such statements are not considered hearsay because they are not being offered to prove the truth of the matter asserted but rather because they have legal consequences. This concept is crucial for understanding exceptions to the hearsay rule.

💡Do we care test

The 'do we care test' is a method suggested in the video to determine whether a statement is being offered for its truth value or for some other purpose. If the truth or falsity of the statement is irrelevant to the purpose of its introduction in court, it is not hearsay. This test is used to illustrate the distinction between hearsay and non-hearsay statements.

Highlights

Hearsay is fundamentally inadmissible in court unless an exception applies.

The core of hearsay analysis involves two parts: determining if the evidence is hearsay and if there's an exception for its admission.

Federal Rules of Evidence Rule 801 C defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted.

Hearsay can be identified by three elements: out-of-court statement, assertion by a human being, and offered to prove the truth.

Out-of-court statements are those made outside the four walls of the courtroom and during the current trial.

A statement can be oral, written, or nonverbal conduct that is assertive in nature.

The 'do we care' test helps determine if a statement is being offered for its truth value or for another reason.

Statements offered to show the effect on the listener are not considered hearsay.

Statements that reveal the declarant's state of mind are not hearsay if not offered for the truth of the matter asserted.

Impeachment purposes, such as prior inconsistent statements, do not constitute hearsay when attacking a witness's credibility.

Statements with independent legal significance, like contracts or wills, are not hearsay as they affect legal rights or liabilities.

The distinction between hearsay and non-hearsay often hinges on the purpose for which the statement is being introduced.

Understanding the Federal Rules of Evidence 801 C and 801 D is crucial for determining hearsay.

The video series will delve deeper into Rule 801 D to explore exceptions where hearsay might still be admitted.

The analysis of hearsay is often oversimplified by law students, but it requires a nuanced understanding of the rules.

The video aims to clarify the definition and analysis of hearsay in the context of the Federal Rules of Evidence.

Transcripts

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Related Tags

Hearsay Evidence Legal Analysis Federal Rules Courtroom Testimony Evidence Law Out-of-Court Statements Truth Assertion Witness Credibility Impeachment Legal Significance