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Multiple Choice

What is hearsay, and is it admissible?

Hearsay is an out-of-court statement offered to prove the truth of what it asserts. Because the person who made the statement isn’t in court to be cross-examined, hearsay is generally inadmissible to prove that fact. The rule has recognized exceptions and exclusions that allow some out-of-court statements to come in despite the default. For example, a statement made by a party-opponent is an exception that lets the truth be proven, and certain categories like excited utterances or business records may also be admitted under specific rules. If a statement is offered for a purpose other than proving the truth of the assertion (for example, to show notice or effect on the listener), it may be admissible for that limited purpose and not fall under hearsay concerns. In short, the defining idea is an out-of-court assertion offered for its truth, admissible only when a recognized exception or exclusion applies.

Hearsay is an out-of-court statement offered to prove the truth of what it asserts. Because the person who made the statement isn’t in court to be cross-examined, hearsay is generally inadmissible to prove that fact. The rule has recognized exceptions and exclusions that allow some out-of-court statements to come in despite the default. For example, a statement made by a party-opponent is an exception that lets the truth be proven, and certain categories like excited utterances or business records may also be admitted under specific rules. If a statement is offered for a purpose other than proving the truth of the assertion (for example, to show notice or effect on the listener), it may be admissible for that limited purpose and not fall under hearsay concerns. In short, the defining idea is an out-of-court assertion offered for its truth, admissible only when a recognized exception or exclusion applies.