Overview
This lecture discusses the concept of verbal acts in evidence law, focusing on defamatory statements like slander, and how hearsay rules apply to direct and reported statements.
Verbal Acts and Defamatory Statements
- A verbal act is a statement introduced not for its truth but to show it was made, such as a defamatory slanderous statement.
- Plaintiffs introduce slanderous statements to show a harmful statement was made, not to prove the statement’s content is true.
- For example, if someone says "he’s a bad doctor," the statement is admitted to prove it was said, not that the person is a bad doctor.
Hearsay and Its Exceptions
- Hearsay is an out-of-court statement offered for the truth of the matter asserted.
- When a defamatory statement is introduced simply to show it was spoken, it is not hearsay, as it’s not offered for its truth.
- If someone directly hears and testifies to "he’s a bad doctor," it is not hearsay in libel cases.
Hearsay Within Hearsay (Double Hearsay)
- Complications arise when statements are reported by another person (e.g., "Jim said Bob’s a bad doctor").
- The reported statement, "Jim said he was a bad doctor," is offered for its truth—whether Jim actually said it.
- The truth at issue becomes whether Jim made the original statement, making it hearsay if offered to prove Jim said it.
Distinction Between Direct and Reported Statements
- The original slanderous statement is a verbal act and not hearsay if introduced to show it was made.
- When someone testifies about another person reporting the slander, that testimony is hearsay, as it asserts the reported fact is true.
Key Terms & Definitions
- Verbal Act — A statement introduced as evidence to show it was made, not for its truth.
- Hearsay — An out-of-court statement offered for the truth of the matter asserted.
- Slander/Libel — Defamatory verbal (slander) or written (libel) statements harming someone's reputation.
Action Items / Next Steps
- Review the distinction between verbal acts and hearsay.
- Re-watch the lecture if needed.
- Email the lecturer with any questions.