Numeri et Puncta in Sectionibus A, B, et C

Study Notes

Hearsay Defined: A statement made out of court, offered to prove the truth of the matter asserted. Not hearsay if not offered for the truth.
Knowledge: A statement offered to show the declarant had knowledge of something. Example: "The car was red," offered to show the speaker knew the car's color, not to prove the car was actually red.
Independent Legal Significance: Statements with meaning independent of their truth value. Example: "I give you this book as a gift" at the time of the gift, showing the legal act of gift-giving.

Contemporaneous: A statement made at the same time as the event it describes. Distinguishes from later statements.
Legal Effect: Impacts legal standing or conclusions in a specific legal context.

Speaker: Evidence of a speaker's state of mind, e.g., showing speaker was insane.
Listener: Showing listener's state of mind impacted by speaker's statement. Examples: fear, duress, trust. This includes the listener's beliefs about the speaker's statements.

Non-Assertion: Silence itself is not an assertion unless intended to serve as one.

Non-Human Sources: Statements made by machines, or animals are not considered assertions.

Prior Statements: Prior, sworn statements from witnesses, or prior statements by a party are not considered hearsay.

Spontaneous Statements: Statements made spontaneously and contemporaneous with an event.
Current Mental State: Statements describing one's current mental, emotional, or physical state.
Medical Diagnosis or Treatment: Statements made for medical purposes.
Past Recollection Recorded: Recorded recollections of past events.
Business Records: Records kept as routine business practices.