Tuesday audio. My apologies for not noticing your outfit choices today.
We will spend all of class working through Introduction to Hearsay; prep the full section.
• What do each of the elements of the hearsay definition mean?
• What is the difference between a speaker's assertion and a listener's inference? How does that affect whether something falls within the definition of hearsay?
• What does it mean to be "offered in evidence to prove the truth of the matter asserted?" Given the preference for adversary testing as the reason for limiting hearsay, why does drawing the line by whether the statement is offered TMA make sense?
• Consider: Joe wants to establish that he was in his room, talking on the phone with Chris, at 10 p.m. Two versions; consider whether either or both is offered TMA:
• Chris testifies that Joe said "I'm sitting in my room in the boardinghouse."
• Chris testifies that Joe said "I'm sitting here in the dark; the power went out." There was a blackout affecting the street on which the boardinghouse sits.
• 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."
