MBE Rules · Evidence
Hearsay — definition
FRE 801(a)-(c)
The rule
An out-of-court statement offered to prove the truth of the matter asserted. Statement = oral/written assertion or non-verbal conduct intended as assertion. Not hearsay if offered for another purpose: verbal acts (contract, defamation), effect on listener, state of mind of speaker, prior inconsistent statement to impeach.
In plain English
Hearsay is when someone tries to use a statement made outside of court to prove what the statement says is true. If the statement is used for another reason, like showing how someone reacted, it's not hearsay.
Worked example
A witness testifies that they heard the defendant say, 'I own this car,' to prove ownership. This is hearsay. But if it's used to show why the buyer believed the defendant owned the car, it's not hearsay.
Memory hook
Hearsay: Outside court, inside truth. If the statement's truth is the goal, it's hearsay. Otherwise, it's not.
The trap
Students think: All out-of-court statements are hearsay. Wrong, because statements can be offered for non-truth purposes. The actual test is whether the statement is offered to prove the truth of the matter asserted.
How examiners test it
The MBE loves: statement made outside court, offered for effect on listener. Trap: assuming it's hearsay, when it's often relevant for non-truth purposes like effect or state of mind.
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