Multistate Bar Examination Practice Question

The correct answer is that the nurse's testimony about the surgeon's statement constitutes hearsay because it is an out-of-court statement being offered to prove the truth of the matter asserted — that the previous doctor made a mistake. Hearsay is generally inadmissible unless an exception applies. In this case, no exception to the hearsay rule is apparent from the facts provided. Incorrect answers might arise from a misunderstanding of what qualifies as hearsay or from misapplying hearsay exceptions. For example, statements made during surgery or by experts do not automatically fall outside hearsay if they are offered to prove the truth of the matter asserted.