Domestic Diversions

Hearsay

The second basic concept is Hearsay (MRE/FRE 801-802). The three components are:
1. Statement (oral; written; assertive conduct)
2. Made out of court (“and then he said . . .”)
3. Offered to prove the truth of the matter asserted (alternative purposes include: (a) verbal act: appointment of agent, formation of contract, defamation, context for other statements; (b) characterizing act: oral statements accompanying certain legal documents (ambiguous beneficiary designations); and (c) affect on listener: state of mind, notice, knowledge, reasonableness, motive.)

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