All Party Testimony Is Hearsay
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
22212_timothy-trade-usage · EVIDENCE · Choice AYes, as hearsay not within any exception to the hearsay rule.
Why it's attractive
Hearsay requires an out-of-court statement; Lydia is testifying live
Why it's wrong
Hearsay requires an out-of-court statement; Lydia is testifying live
22212_timothy-trade-usage · EVIDENCE · Choice BYes, as a self-serving statement.
Why it's attractive
No rule excludes testimony simply because it benefits the party calling the witness
Why it's wrong
No rule excludes testimony simply because it benefits the party calling the witness
22212_timothy-trade-usage · EVIDENCE · Choice DNo, because it is evidence of business habit.
Why it's attractive
Business habit (FRE 406) is about a particular entity's routine practice; Lydia describes trade-wide meaning, not her workshop's custom
Why it's wrong
Business habit (FRE 406) is about a particular entity's routine practice; Lydia describes trade-wide meaning, not her workshop's custom
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