Document Type

Article

Publication Date

3-23-2026

Abstract

Many people struggle to understand hearsay. It’s not their fault. The hearsay definition is confusing and unhelpful, especially its final phrase: that hearsay is an out-of-court statement1 offered to prove “the truth of the matter asserted” in the statement.2 What does “truth of the matter asserted” mean? The definition’s plain language isn’t much help. This paper shares the basic example that I have found to be most effective in my law school evidence classes to diagnose hearsay.

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