TTTBE #63: Early Answer for Patrons (Patreon)

This was another fiendishly hard question that no one got right.

The answer was "B."  Despite all appearances, this statement is likely admissible as non-hearsay.

Hearsay, according to Rule 801 of the Federal Rules of Evidence, is an out-of-court statement made by someone who is not the declarant (i.e., the person testifying), and offered for the truth of the matter of the statement.

Here, Clara wants to testify as to what she heard Cora say, so the first part of the rule is satisfied.  However, Penny's lawyer can (and will) argue that he does not care whether what Cora said was true -- all that matters is the fact that she said a thing at all, because that puts Dirk on notice.

Thomas got this wrong, but so did an awful lot of lawyers who play along (along with everyone else).

Thomas is now 35-for-63 (55.6%) and on a two-question losing streak.