hearsay

Question 1

Non-Hearsay Use of behavior or stmt.

Answer 1

a. Effect on the listener/reader (why was he crying– X said mom died)
b. Circumstantial evidence of state of mind (mechanic told him his brakes faulty. Not used to show brakes bad, used to show he k/rtk brakes)
c. Legally significant verbal act

Question 2

hearsay exceptions-doesn’t matter id declarant unavailable

Answer 2

• present sense impression. No time to fabricate anything. “I was on the phone with my brother while he narrated the car accident while he was watching it, and he said ‘oh damn, the red car is speeding”