Which statement best defines hearsay?

Which statement best defines hearsay?

• A. A statement made in court by a witness
• B. A physical exhibit offered for its own truth
• C. An out-of-court statement offered to prove the truth of the matter asserted
• D. An internal mental process used to interpret evidence

Answer: (C)

Hearsay hinges on an assertion made outside the courtroom being offered to prove that the assertion is true. The strongest match is the description of an out-of-court statement used to prove the truth of what it asserts. That’s the essence: the statement isn’t made in court, and its content is being used to establish a fact. If a statement is actually made in court by a witness, that isn’t hearsay because it’s not an out-of-court assertion being offered for its truth. A physical exhibit can be admitted for its own characteristics, but hearsay isnoment is about the source of the assertion outside court and its truth value, not merely the form of the evidence. And a person’s internal mental process isn’t a statement about something external, so it isn’t hearsay either.

Hearsay hinges on an assertion made outside the courtroom being offered to prove that the assertion is true. The strongest match is the description of an out-of-court statement used to prove the truth of what it asserts. That’s the essence: the statement isn’t made in court, and its content is being used to establish a fact.

If a statement is actually made in court by a witness, that isn’t hearsay because it’s not an out-of-court assertion being offered for its truth. A physical exhibit can be admitted for its own characteristics, but hearsay isnoment is about the source of the assertion outside court and its truth value, not merely the form of the evidence. And a person’s internal mental process isn’t a statement about something external, so it isn’t hearsay either.