We continue with Introduction to Hearsay; review and complete all problems and rules. Note this cartoon from the additional materials.
• Why does the definition of hearsay as requiring the statement to be offered for the truth make sense, given the purposes behind the hearsay rules.
• When is a statement not offered TMA, as indicated in the reading? Consider whether the following are TMA: A couple is injured in a car accident; both die. For purposes of probate, the court must determine who died first.
• To show that wife was alive right after the crash, a witness testifies that he heard the wife say "I'm alive."
• To show that wife was alive right after the crash, a witness testifies that he heard the wife say "My husband is dead."
• To show that husband died first, a witness testifies that he heard the wife say "My husband is dead."
Prep Exclusions (FRE 801(d)). What is the difference between an exclusion and an exception? What are the possible ways to handle out-of-court statements where the declarant testifies? How does 801(d) draw that line?
Move to Spontaneous Statements, covering FRE 803(1)-(4). What are the elements of each of 803(1)-(4) and what gives the statements in these exceptions sufficient guarantees of trustworthiness? What is the difference between a statement offered not for the truth to show state of mind and a statement of state of mind under 803(3)?
