Which statement best defines hearsay?

Which statement best defines hearsay?

• A. A statement by a declarant that is offered to prove the truth of the matter asserted.
• B. A statement made outside of court by a declarant offered for purposes other than proving truth.
• C. Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
• D. A nonverbal conduct intended as an assertion.

Answer: (C)

Hearsay hinges on a statement made outside the courtroom that’s offered to prove the truth of what it asserts. The defining feature is that the declarant spoke outside of testifying in court, and the statement is being used to prove the truth of its content. Importantly, statements made by the declarant while testifying are not hearsay, so they’re excluded from this category. The best choice states exactly that: an out-of-court statement offered in evidence to prove the truth of the matter asserted, with the crucial exclusion for statements the declarant made while testifying at the trial or hearing. This captures both elements and the exclusion that keeps statements made during testimony from being mislabeled as hearsay. The other options don’t fit as a definition. One option describes out-of-court statements offered for purposes other than truth, which are not hearsay. Another describes nonverbal conduct as an assertion, which is not the standard, precise definition of hearsay. The remaining option lacks the necessary exclusion about statements made while testifying.

Hearsay hinges on a statement made outside the courtroom that’s offered to prove the truth of what it asserts. The defining feature is that the declarant spoke outside of testifying in court, and the statement is being used to prove the truth of its content. Importantly, statements made by the declarant while testifying are not hearsay, so they’re excluded from this category.

The best choice states exactly that: an out-of-court statement offered in evidence to prove the truth of the matter asserted, with the crucial exclusion for statements the declarant made while testifying at the trial or hearing. This captures both elements and the exclusion that keeps statements made during testimony from being mislabeled as hearsay.

The other options don’t fit as a definition. One option describes out-of-court statements offered for purposes other than truth, which are not hearsay. Another describes nonverbal conduct as an assertion, which is not the standard, precise definition of hearsay. The remaining option lacks the necessary exclusion about statements made while testifying.