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Discussion Questions

  1. In what way does the Sixth Amendment govern the hearsay rule?

  2. What are the four requirements that must be satisfied in order for testimonial evidence to be relevant?

  3. What are the risks concerning hearsay? Briefly explain each one.

  4. Explain and give an example of non-verbal statements. Why are these statements troublesome?

  5. What is the difference between hearsay exceptions and hearsay exemptions?

  6. What is an "admission by conduct"?

  7. Explain how a statement made by an agent, servant, or employee of a person can be exempt from the hearsay rule. What is the one qualifier that must be in place in order for the statement to be accepted by the court?

  8. Describe the reliability theory.

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