Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
The Rule Against Hearsay: Volume 1

The Rule Against Hearsay: Volume 1

Publications, Landmark

Paperback

General Law

ISBN13: 9798496151146
Publisher: Independently Published
Published: Oct 20 2021
Pages: 538
Weight: 1.57
Height: 1.09 Width: 6.00 Depth: 9.00
Language: English
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret, and discuss the rule against hearsay. See Fed. R. Evid. 802-807. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Sixth Circuit Court of Appeals.

Hearsay is an out-of-court statement that is inadmissible at trial to establish the truth thereof. See FED. R. EVID. 801(c) (defining hearsay); FED. R. EVID. 802 (hearsay generally inadmissible). The hearsay rule is rooted in the belief that an out-of-court statement lacks necessary assurances of veracity. See Williamson v. United States, 512 U.S. 594, 598, 114 S.Ct. 2431, 129 L.Ed.2d 476 (1994) (The hearsay rule ... is premised on the theory that out-of-court statements are subject to particular hazards.). With any statement, a declarant might be lying; he might have misperceived the events which he relates; he might have faulty memory; [or] his words might be misunderstood or taken out of context by the listener. Id. To avoid these shortcomings, our judicial system chooses in-court statements that can be tested by the oath, the witness' awareness of the gravity of the proceedings, the jury's ability to observe the witness' demeanor, and, most importantly, the right of the opponent to cross-examine. Id. Admitting hearsay would prevent opposing parties, and our judicial system as a whole, from using these checks. United States v. Evans, 216 F.3d 80, 85 (D.C. Cir. 2000) (The problem with hearsay is that it deprives the defendant of the opportunity to cross-examine the person who uttered the statement at issue.).

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