This lesson is now divided into three parts. See CALI lessons
The Definition of Hearsay and the Federal Rules Part 1: Substantive Rules and Hearsay Dangers
The Definition of Hearsay and the Federal Rules Part 2: Statements and What They Assert
The Definition of Hearsay and the Federal Rules Part 3: Hearsay Arguments.
The first section of this lesson, Baseline Hearsay, is designed to introduce students to the definition of hearsay in the Federal Rules of Evidence, as the courts typically apply it. This part of the lesson covers Substantive Rules and Hearsay Dangers, which deals with basic, non-controversial distinctions under the rules, and Statements and What They Assert, which addresses more difficult and controversial questions, particularly issues pertaining to implied assertions.
The second section, Hearsay Arguments, focuses on the underpinnings of the hearsay definition and on less conventional understandings of that definition. It is especially useful for students enrolled in advanced evidence and trial practice courses. In the first part of this section, Four Additional Approaches, students are introduced to alternative approaches to the definition of hearsay. The second part of this section, Arguments from the Approaches, presents a number of hypothetical problems. In each case, the program asks students to assess whether particular sorts of analysis support an argument about the application of the definition of hearsay.
