Which option does NOT describe a non-hearsay use under I C SOM LACE?

• A. Impeachment
• B. Circumstantial State of Mind
• C. Verbal acts
• D. Hearsay statements

Answer: (D)

The concept being tested is that some uses of a statement are not about what the content asserts, but about other purposes in the evidence rule. Under I C SOM LACE, the non-hearsay uses include impeachment with a prior inconsistent (or certain other) statement, evidence of the declarant’s state of mind (circumstantial), and verbal acts—words that have legal significance in themselves (like forming a contract or making an offer). These uses do not rely on the truth of the statement’s content.

Hearsay statements, by contrast, are offered to prove the truth of what the statement asserts. That makes them hearsay, not a non-hearsay use. So the option that describes hearsay statements does not fit the non-hearsay category.