Lecture Notes . . .

Hearsay
The Hearsay Rule is provided for you in the manual. Using the skill of "elementization," break the Hearsay Rule into its elements, then click below to see the answer. How similar were your results to the one provided here?

One hint. The last sentence is one element, and is also a passive element. This means it's instructional in nature. It doesn't have to be applied.

With testimony, the first thing to determine is whether the testimony would be considered hearsay if presented in a court of law. The second consideration is whether it is admissible.

If it's not hearsay, the testimony is admissible (assuming it is relevant and not privileged).

If it is hearsay, the testimony is not admissible. Right?

Well, not exactly. There's a "big if."

If testimony is hearsay, that testimony is not admissible . . . unless it falls under one of the exceptions to the hearsay rule.

Applying Hearsay
There are two steps in applying hearsay.

Step 1. First, determine whether the statement is hearsay.

Step 2. Second, determine whether the hearsay would be admissible under an exception

These steps must be accomplished in order.