Multistate Bar Examination (MBE) Practice Exam

Question: 1 / 400

During trial, what type of testimony is considered nonhearsay?

Witness opinion testimony

Statements made outside of court

Testimony at trial

Testimony at trial is considered nonhearsay because it is firsthand evidence presented by a witness who testifies about what they directly observed or experienced during the events in question. Hearsay refers specifically to out-of-court statements that are presented to prove the truth of the matter asserted, which cannot be subjected to cross-examination. Statements made during the trial do not fall into this category since they are made under oath and are subject to scrutiny and examination by the opposing party.

In contrast, witness opinion testimony can sometimes be considered hearsay if it is based on out-of-court statements not made under oath. Statements made outside of court are typically hearsay unless they fall within certain established exceptions. Prior written statements, while they may serve as relevant evidence, also can be classified as hearsay unless they are offered for limited purposes outside of proving the truth of the matter asserted. This distinction highlights why the testimony at trial is regarded as reliable and appropriately admissible in legal proceedings, reinforcing the integrity of the judicial process.

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Prior written statements

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