Utah Special Function Officer (SFO) Practice Exam

What is hearsay?

1. A statement made by the declarant during the trial

2. A statement offered in evidence to prove the truth of the matter asserted by someone other than the declarant

3. A report written by an expert witness

4. An opinion given by a juror

The correct answer is: A statement offered in evidence to prove the truth of the matter asserted by someone other than the declarant

Hearsay is defined as an out-of-court statement that is offered in court to prove the truth of the matter asserted in that statement, made by someone other than the declarant. In legal terms, this means that the statement is being used for its content, rather than as an example of poor memory or inability to convey information. The concern with hearsay is that it lacks the reliability of in-court testimony because the person who made the statement is not present to be cross-examined, which raises questions about the accuracy and credibility of the information. Statements made during the trial by the declarant (the person who made the statement) do not fall under hearsay because they are directly subject to questioning by both sides and are considered more reliable. Similarly, reports written by expert witnesses may be admissible as evidence, but they are subject to the rules regarding expert testimony and not inherently classified as hearsay. Lastly, opinions given by jurors are not relevant to the definition of hearsay as they pertain to the juror's views on the case rather than statements made by others outside the court. Understanding hearsay is crucial for evaluating the admissibility of evidence in legal proceedings and underscores the importance of witness testimony and the opportunity for cross