Which item on the list is explicitly labeled as not hearsay?

Which item on the list is explicitly labeled as not hearsay?

• A. Statement by party to the case that is harmful to party (not hearsay)
• B. To show declarant's "State of Mind"
• C. Declarant making "Excited Utterance"
• D. Stmt made by witness at trial

Answer: (A)

Hearsay covers out-of-court statements offered to prove the truth of what they assert. An opposing-party admission is one clear not-hearsay category, and this item fits that perfectly: a statement made by a party in the case against that party is admissible against them for the truth of its content, even if it’s damaging. That explicit labeling of “not hearsay” is what makes it the best answer. The other items aren’t explicitly labeled as not hearsay. An excited utterance is a recognized hearsay exception and may be admitted, but it’s still hearsay unless you’re applying the exception. Statements about the declarant’s state of mind can be non-hearsay in some contexts when used to show intent or belief, but they’re not labeled as not hearsay here. A statement made by a witness at trial isn’t an out-of-court statement at all, so the hearsay issue doesn’t apply in the same way.

Hearsay covers out-of-court statements offered to prove the truth of what they assert. An opposing-party admission is one clear not-hearsay category, and this item fits that perfectly: a statement made by a party in the case against that party is admissible against them for the truth of its content, even if it’s damaging. That explicit labeling of “not hearsay” is what makes it the best answer.

The other items aren’t explicitly labeled as not hearsay. An excited utterance is a recognized hearsay exception and may be admitted, but it’s still hearsay unless you’re applying the exception. Statements about the declarant’s state of mind can be non-hearsay in some contexts when used to show intent or belief, but they’re not labeled as not hearsay here. A statement made by a witness at trial isn’t an out-of-court statement at all, so the hearsay issue doesn’t apply in the same way.