An out-of-court statement offered as truth and not testable by cross-examination is called what?

An out-of-court statement offered as truth and not testable by cross-examination is called what?

• A. Hearsay
• B. Evidence
• C. Testimony
• D. Affidavit

Answer: (A)

Hearsay is an out-of-court statement offered to prove the truth of its content, and it’s typically not admissible because the person who made the statement isn’t available for cross-examination to test its accuracy. This description matches the concept: something said or written outside the courtroom, presented as true, and not subject to in-court cross-examination. The reliability concern—no opportunity to challenge the source—is what the hearsay rule is designed to address. For example, a person repeating what a third party told them about an event is hearsay if offered to prove that the event happened as described. In contrast, evidence is any material offered to prove something; testimony is what a witness says in court under oath; and an affidavit is a sworn, written statement made outside court (which can be used as evidence under certain rules).

Hearsay is an out-of-court statement offered to prove the truth of its content, and it’s typically not admissible because the person who made the statement isn’t available for cross-examination to test its accuracy. This description matches the concept: something said or written outside the courtroom, presented as true, and not subject to in-court cross-examination. The reliability concern—no opportunity to challenge the source—is what the hearsay rule is designed to address. For example, a person repeating what a third party told them about an event is hearsay if offered to prove that the event happened as described. In contrast, evidence is any material offered to prove something; testimony is what a witness says in court under oath; and an affidavit is a sworn, written statement made outside court (which can be used as evidence under certain rules).