Hearsay is best described as:

• A. A statement made in court to prove the truth of the matter asserted.
• B. An out-of-court statement offered for the truth of the matter asserted; generally inadmissible, with specific exceptions.
• C. A type of physical evidence that is admissible without testimony.
• D. An opinion offered by a lay witness.

Answer: (B)

Hearsay refers to a statement that was made outside the courtroom and is being offered to prove the truth of what it asserts. The issue is that the person who made the statement isn’t present in court to be cross-examined, so the reliability of the information isn’t tested in the same way as a statement given in court. Because of that, hearsay is generally not allowed, unless a specific exception or exclusion applies.

That’s why the description that defines hearsay as an out-of-court statement offered for the truth of the matter asserted, generally inadmissible with exceptions, is the best fit. For instance, if someone tells you “I saw him leave the building,” and that statement is used to prove he was at the scene, it’s hearsay unless it falls under a recognized exception. The other options don’t fit: a statement made in court isn’t hearsay, physical evidence isn’t a statement, and a lay witness’s opinion is allowed if it meets the rules for lay testimony and isn’t being offered to prove a prior out-of-court assertion.