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Monday, February 19, 2024

A Hearsay Framework

You're going to see hearsay questions on the MBE next week. Few things about the test are more certain. 

Here's an approach:

1: Is there an out of court statement?
No? This is not hearsay.
Yes? Move along to step 2.

2: Is the out of court statement offered for the truth of the matter asserted?
No? This is not hearsay.
Yes? Move along to step 3.

3: Are there any hearsay exemptions to this out of court statement offered for the truth of the matter asserted?
No? Move on to step 4.
Yes? This is admissible as non-hearsay.

4: Are there any hearsay exceptions to this out of court statement offered for the truth of the matter asserted?
No? This is inadmissible hearsay.
Yes? This is hearsay but it's admissible.

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