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▷ ▶ Hearsay Flow Chart SelectSmart.com free Law flowcharts and decision trees.
Hearsay Flow Chart
A SelectSmart.com Flowchart by alysa. See alysa's 4me blog page.
Viewed 1150 times. Created October 2013.

Information and items from Amazon.com you may find helpful. This SelectSmart.com Law flowchart, a free online decision tool is a creation of alysa and Law for amusement purposes only. The implicit and explicit opinions expressed here are the author's. SelectSmart.com does not necessarily agree.
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Is it relevant? 401: any tendancy 402: presumption of admissibility 403: prejudice balancing test "A brick is not a wall"
YES
Is it hearsay? 801(c): out of court statement offered to prove the truth of the matter asserted?
YES
Is there a non-hearsay use? (1) Objective effect (effect on hearer, verbal act, verbal part of an act, explains conduct) (2) State of mind (demonstrations not assertions) (3) W's out of court statement, 801(d) (4) non-verbal conduct that is not intented to communicate or is ambigious, 801(a)(2) (5) implied assertion, ambiguous; many other possible inferences
NO
Does it violate the Confrontation Clause? Testimonial (made by or to a known state actor for the purpose of collecting evidence) and D cannot cross witness?
NO
Is it an exclusion by admission

NO


NO


YES


YES


Inadmissible
Admissible
Admissible, possible limited instruction, 105
Inadmissible unless 804(b)(6)