What are non-verbal acts in relation to the exception for Hearsay? Provide an example of both assertive and non-assertive behaviors
What will be an ideal response?
Nonverbal acts can be used to communicate. If the purpose of the nonverbal act is to communicate and the communication is assertive, it is then hearsay. One example would be when the witness testifies that when she asked X where his drug dealer lived, X pointed to the defendant's house. This is hearsay because it is an assertion that cannot be tested by cross-examination. X should be brought in as a witness if he is available. Another example would be when the witness testifies she requested the victim of a mugging to draw a sketch of the mugger. This is hearsay because it is assertive conduct that cannot be tested by cross-examination. The victim must be brought in as a witness.
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____________________ is the degree to which a culture relies on unstated relational dynamics vs. direct verbal communication
a. Power distance b. Individualism versus collectivism c. Self-construals d. Low and high context e. All of the above
Which of the following is not considered to be a standard narratives used by the media to construct women who commit very serious crimes?
a. good wives b. evil manipulators c. non-agents d. mad cows
When parties must go to trial because they were unable to amicably settle their differences or take advantage of possible resolution through ADR, they would not:
A. Turn over their decision-making power to the court. B. Lose the ability to control their own destinies. C. Know that they are in good hands because the judge knows all there is to know about the case and their situation. D. Wait for the final resolution far beyond the time required for an uncontested hearing.
Which of the following types of information probably would not be provided by physical evidence?