NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
During a civil trial, the plaintiff's attorney calls a witness to testify about what they heard someone else say outside of court regarding the incident. The opposing counsel objects to this testimony. On what grounds is the objection MOST likely to be made?
- ALeading question
- BLack of foundation
- CHearsay
- DIrrelevance
Show answer & explanationAnswer & explanation
Correct answer: C. Hearsay
Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. Generally, hearsay is inadmissible unless it falls under a specific exception.
Why the other options are wrong
- A. A leading question suggests the desired answer to the witness, typically disallowed on direct examination.
- B. Lack of foundation typically refers to insufficient evidence establishing the reliability or basis for a witness's testimony or evidence.
- D. Irrelevance means the testimony or evidence does not pertain to the facts in dispute.
Hearsay Rule
An out-of-court statement offered in court to prove the truth of the matter asserted is generally inadmissible as evidence.
- Aims to ensure evidence is reliable and subject to cross-examination.
- Numerous exceptions exist (e.g., excited utterance, dying declaration).
- If offered for a purpose other than its truth, it might not be hearsay.
Memory trick: Evidence must be Relevant, Reliable, and not Hearsay.