Review the following scenarios and state whether

Review the following scenarios and state whether

Review the following scenarios and state whether Exercise #18: HEARSAYReview the following scenarios and state whether the following statements constitute hearsay.1.As a testifying witness in her mother’ s personal injury trial, Mary is asked whether shetalked with her mother on the day of her accident. Mary replies: "Yes, I remember because mymother said, ‘It is supposed to snow today’ when I asked if she was going out." Is this statementhearsay? Why or why not. If so, is there an exception to the hearsay rule? 2.John is trying to testify that he was working in another state when a robbery occurred inhis hometown. While on the stand, he says he was in a different state and says he can prove it.He pulls out a gasoline receipt for that day that is from a gas station in the other state. Is hearsaypresent? Why or why not? If so, is there an exception to the hearsay rule? 3.George is testifying at the trial of a neighbor who is accused of stealing assets from hisjob. George is asked whether he saw the neighbor carrying computer equipment and copyingmachines into his garage. Is there hearsay present? Why or why not? If so, is there anexception to the hearsay rule? 4.Mary is trying to prove in court that she was born in 1944. A fire has destroyed all of therecords for the county in which she was born. On the stand, she offers a family bible as proof.The bible has important dates handwritten in the front of the bible, including marriages, birthsand deaths. Is hearsay present? Why or why not? If so, is there an exception to the hearsayrule? 5.Susan is testifying at trial that when she inherited stocks from her parents thirty yearsearlier, the stocks were virtually worthless. While on the stand, she offers an old stock marketquotation from thirty years earlier as proof. Is this hearsay? Why or why not? If so, is there anexception to the hearsay rule? 68 6.Eric is testifying at the trial of Manny. Manny is being accused of assaulting hisgirlfriend and is claiming his actions were in self-defense. Eric testifies that Manny’ s girlfriend,just before the fighting began, had said, "I’m so mad, I could kill you right now." Is Eric’stestimony likely to be ruled as hearsay? Why or why not? If so, is there an exception to thehearsay rule?~ 7.Sheila is testifying at the trial of her sister Kayla. Kayla is being accused of theattempted murder of Kendall. While on the stand, Sheila testified that Kayla told her prior to herarrest: "next time I am going to take gun classes, and I am not going to be such a poor shot." Ishearsay present? Why or why not? If so, is there an exception to the hearsay rule? 8.Connie is testifying at the trial of Jim who is accused of burglarizing her home. While onthe stand, she is asked what was stolen from her home. She pulls a list out of her purse that shehad made for police a few days after the incident, and begins reading it out loud. Is therehearsay present? Why or why not? If so, is there an exception to the hearsay rule? 9.·Sarah was a back seat passenger in a car driven by a drunk driver. She is testifying onbehalf of one of the persons injured by the drunk driver. On the stand, Sarah testifies that herfriend, Wendy, who was seated next to the driver, stated just prior to the collision, "you are toodrunk to drive and you are driving way too fast." Is hearsay present? Why or why not? If so, isthere an exception to the hearsay rule? 10.Maura witnessed a car hit several pedestrians, and is testifying on behalf of one of thepersons injured by the drunk driver. On the stand, Maura says that when she saw the car coming,the woman next to her yelled, "Look out!!! That guy is driving like he is drunk!! He’s going tohit you!! " Is hearsay present? Why or why not? If so, is there an exception to the hearsay rule? 69 11.Henry told Paul that he was going to get even with his boss who just fired him. Henry isbeing tried for solicitation of murder. At the trial, Paul testifies that he saw Henry give a sleazylooking man a lot of cash. Is hearsay present? Why or why not? If so, is there an exception tothe hearsay rule? 12.Luther was dying from a gunshot wound that he sustained in a gang fight. Norman hadbeen kneeling next to Luther in the street, as he died. Luther told him that he was really theperson who had robbed a 7-11 and pinned it on Joe, a member of a rival gang. At the trial of Joefor robbery, Norman testifies that Luther said, "I am really the one who robbed the 7-11. Idressed like Joe so he would get nailed. Isn’t that funny?" Luther then coughed a few times anddied. Is hearsay present? Why or why not? If so, is there an exception to the hearsay rule? 13.Josie is testifying at the embezzlement trial ofMartha. She testifies that she knew Marthawas stealing and on occasion had intentionally helped to cover the thefts because she, too, hatedthe boss. She said on the stand, "I did help cover Martha’s thefts on occasion because our bosswas such a cheapskate, and paid us so little for what we were doing for him." Is Josie’stestimony likely to be ruled as hearsay? Why or why not? If so, is there an exception to thehearsay rule? 14.Jordan is testifying on behalf of her Grandmother at a hearing to determine her eligibilityfor disability benefits. She testifie& that her Grandmother said, "I feel so weak that I cannot walkto the bathroom or kitchen without someone helping me." Is hearsay present? Why or why not?If so, is there an exception to the hearsay rule? 15.Ann was shopping in a grocery store when several canned goods fell from a top shelf andhit her on the head. Her friend Jean was next to her and helped her to get up. Ann told Jean thatshe felt really quite dizzy and then collapsed into a coma. At Ann’s personal injury trial, Jeantestified that Ann said, "I really feel dizzy—very dizzy!" Is hearsay present? Why or why not?If so, is there an exception to the hearsay rule? 70

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Exercise #18: HEARSAYReview the following scenarios and state whether the following statements constitute hearsay.1.As a testifying witness in her mother’ s personal injury trial, Mary is asked whether shetalked with her mother on the day of her accident. Mary replies: "Yes, I remember because mymother said, ‘It is supposed to snow today’ when I asked if she was going out." Is this statementhearsay? Why or why not. If so, is there an exception to the hearsay rule? 2.John is trying to testify that he was working in another state when a robbery occurred inhis hometown. While on the stand, he says he was in a different state and says he can prove it.He pulls out a gasoline receipt for that day that is from a gas station in the other state. Is hearsaypresent? Why or why not? If so, is there an exception to the hearsay rule? 3.George is testifying at the trial of a neighbor who is accused of stealing assets from hisjob. George is asked whether he saw the neighbor carrying computer equipment and copyingmachines into his garage. Is there hearsay present? Why or why not? If so, is there anexception to the hearsay rule? 4.Mary is trying to prove in court that she was born in 1944. A fire has destroyed all of therecords for the county in which she was born. On the stand, she offers a family bible as proof.The bible has important dates handwritten in the front of the bible, including marriages, birthsand deaths. Is hearsay present? Why or why not? If so, is there an exception to the hearsayrule? 5.Susan is testifying at trial that when she inherited stocks from her parents thirty yearsearlier, the stocks were virtually worthless. While on the stand, she offers an old stock marketquotation from thirty years earlier as proof. Is this hearsay? Why or why not? If so, is there anexception to the hearsay rule? 68 6.Eric is testifying at the trial of Manny. Manny is being accused of assaulting hisgirlfriend and is claiming his actions were in self-defense. Eric testifies that Manny’ s girlfriend,just before the fighting began, had said, "I’m so mad, I could kill you right now." Is Eric’stestimony likely to be ruled as hearsay? Why or why not? If so, is there an exception to thehearsay rule?~ 7.Sheila is testifying at the trial of her sister Kayla. Kayla is being accused of theattempted murder of Kendall. While on the stand, Sheila testified that Kayla told her prior to herarrest: "next time I am going to take gun classes, and I am not going to be such a poor shot." Ishearsay present? Why or why not? If so, is there an exception to the hearsay rule? 8.Connie is testifying at the trial of Jim who is accused of burglarizing her home. While onthe stand, she is asked what was stolen from her home. She pulls a list out of her purse that shehad made for police a few days after the incident, and begins reading it out loud. Is therehearsay present? Why or why not? If so, is there an exception to the hearsay rule? 9.·Sarah was a back seat passenger in a car driven by a drunk driver. She is testifying onbehalf of one of the persons injured by the drunk driver. On the stand, Sarah testifies that herfriend, Wendy, who was seated next to the driver, stated just prior to the collision, "you are toodrunk to drive and you are driving way too fast." Is hearsay present? Why or why not? If so, isthere an exception to the hearsay rule? 10.Maura witnessed a car hit several pedestrians, and is testifying on behalf of one of thepersons injured by the drunk driver. On the stand, Maura says that when she saw the car coming,the woman next to her yelled, "Look out!!! That guy is driving like he is drunk!! He’s going tohit you!! " Is hearsay present? Why or why not? If so, is there an exception to the hearsay rule? 69 11.Henry told Paul that he was going to get even with his boss who just fired him. Henry isbeing tried for solicitation of murder. At the trial, Paul testifies that he saw Henry give a sleazylooking man a lot of cash. Is hearsay present? Why or why not? If so, is there an exception tothe hearsay rule? 12.Luther was dying from a gunshot wound that he sustained in a gang fight. Norman hadbeen kneeling next to Luther in the street, as he died. Luther told him that he was really theperson who had robbed a 7-11 and pinned it on Joe, a member of a rival gang. At the trial of Joefor robbery, Norman testifies that Luther said, "I am really the one who robbed the 7-11. Idressed like Joe so he would get nailed. Isn’t that funny?" Luther then coughed a few times anddied. Is hearsay present? Why or why not? If so, is there an exception to the hearsay rule? 13.Josie is testifying at the embezzlement trial ofMartha. She testifies that she knew Marthawas stealing and on occasion had intentionally helped to cover the thefts because she, too, hatedthe boss. She said on the stand, "I did help cover Martha’s thefts on occasion because our bosswas such a cheapskate, and paid us so little for what we were doing for him." Is Josie’stestimony likely to be ruled as hearsay? Why or why not? If so, is there an exception to thehearsay rule? 14.Jordan is testifying on behalf of her Grandmother at a hearing to determine her eligibilityfor disability benefits. She testifie& that her Grandmother said, "I feel so weak that I cannot walkto the bathroom or kitchen without someone helping me." Is hearsay present? Why or why not?If so, is there an exception to the hearsay rule? 15.Ann was shopping in a grocery store when several canned goods fell from a top shelf andhit her on the head. Her friend Jean was next to her and helped her to get up. Ann told Jean thatshe felt really quite dizzy and then collapsed into a coma. At Ann’s personal injury trial, Jeantestified that Ann said, "I really feel dizzy—very dizzy!" Is hearsay present? Why or why not?If so, is there an exception to the hearsay rule? 70

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