Hearsay & Definition (Rules 801-802)
Evidence · Lesson 02
Hearsay & Definition (Rules 801-802)
這一課問的是：本陳述是否為傳聞 — 庭外陳述用以證明所主張事實之真實性？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Is the statement hearsay — an out-of-court statement offered to prove the truth of the matter asserted?
這一課問的是：本陳述是否為傳聞 — 庭外陳述用以證明所主張事實之真實性？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
hearsay
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Out-of-court statement offered to prove truth of matter asserted (Rule 801).
傳聞。
declarant
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Person who made the statement.
陳述人。
statement
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Oral or written assertion, or nonverbal conduct intended as assertion.
陳述。
non-hearsay use
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Statement offered for purpose other than truth (effect on hearer, notice, etc.).
非傳聞用途。
Rule 801(d)(1)
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Prior statements by testifying witness — not hearsay.
證人先前陳述。
Rule 801(d)(2)
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Party-opponent statements — not hearsay.
當事人對手陳述。
Rule 802
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Hearsay inadmissible unless rule provides exception.
Rule 802 傳聞排除。
Issue · what this lesson is really about
Is the statement hearsay — an out-of-court statement offered to prove the truth of the matter asserted?
這一課問的是：本陳述是否為傳聞 — 庭外陳述用以證明所主張事實之真實性？
Trigger words & phrases that should flag this issue:
saidtoldwroteout-of-courttruth of the matter
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply 801 | Hearsay is an out-of-court statement offered for the truth of the matter asserted. | 傳聞 = 庭外陳述 + 主張事實真實性。 |
| Identify non-hearsay | If offered to show effect on hearer or notice, not hearsay. | 若僅為聽者效應或通知 → 非傳聞。 |
| Apply 801(d)(2) | A party-opponent's statement is not hearsay. | 當事人對手陳述不算傳聞。 |
| Apply 802 | Hearsay is inadmissible unless an exception applies. | 傳聞除有例外否則排除。 |
Rule Sentence · the workhorse
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted; under Rule 802, hearsay is inadmissible unless a rule, statute, or constitutional provision creates an exception.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人declarant + proponent陳述人 + 提出人
Act 行為offering out-of-court statement提出庭外陳述
Object 對象matter asserted所主張事實
Standard 法律標準Rule 801 definition + Rule 802 barRule 801 + 802
Consequence 後果admissible or excluded可採或排除
Casebook Snapshot · a real American case
Tome v. United States
Holding. Under Rule 801(d)(1)(B), a prior consistent statement is admissible to rebut a charge of recent fabrication or improper influence only if the statement was made before the alleged motive to fabricate arose. Statements made after the motive arose do not qualify as non-hearsay.
Why it matters. Tome cabins prior consistent statements: they're only admissible if pre-motive — protecting against bootstrapping.
Tome：先前一致陳述須於虛偽動機前作出方為非傳聞。
Common Mistakes · what trips students
✗ 「陳述」必須口頭。
✓ Written or assertive conduct counts too.
書面或主張性行為均算。
✗ party admission 是 801(d)(1)。
✓ Party-opponent statements are 801(d)(2).
當事人對手 = 801(d)(2)。
✗ offered to show effect on hearer 仍是 hearsay。
✓ Non-hearsay if not offered for truth.
若非為真實性即非傳聞。
Mini IRAC · build the Application
Issue. Is W's out-of-court statement "X was driving recklessly" hearsay when offered by P to prove that X was driving recklessly?
Rule. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted; hearsay is inadmissible unless an exception applies.
Application (model). W's statement was made outside court and is offered to prove that X was indeed driving recklessly. Because hearsay is defined as an out-of-court statement offered for the truth of the matter asserted, the fact that W's statement is offered to prove its very content (X's reckless driving) means it is offered for the truth.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the statement is hearsay and inadmissible absent an exception.
MBE Check · multiple choice
In a slip-and-fall case, P calls W to testify that the day before the fall, W told the store manager: "there's water on aisle 5." P offers W's statement to prove the store knew about the water — not to prove water was actually there. Hearsay?
Mini Essay · write the Application paragraph
Facts. In D's murder trial, the prosecution offers a witness W to testify that the victim V, immediately before being shot, said "D is here to kill me."
Call. Is the statement admissible?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: