Question
Exercise 17
Please determine what types of evidence the following may be, and if hearsay, please explain if there may be an exception to the hearsay rule:

A man holding a book of matches at the scene of a fire.

A person who is dead, a smoking gun on the floor, and a person standing over the deceased.

Seeing a car hitting a pedestrian.

A certified birth certificate.

An affidavit.

A receipt for prescription drugs.

“John just said that he killed Susan!”

A witness who saw that a child had a compound fracture of his leg.

An imprint of teeth marks on a person’s arm

A diary.

Exercise #18: HEARSAY
Review 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 she
talked with her mother on the day of her accident. Mary replies: “Yes, I remember because my
mother said, ‘It is supposed to snow today’ when I asked if she was going out.” Is this statement
hearsay? 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 in
his 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 hearsay
present? 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 his
job. George is asked whether he saw the neighbor carrying computer equipment and copying
machines into his garage. Is there hearsay present? Why or why not? If so, is there an
exception to the hearsay rule? 4.
Mary is trying to prove in court that she was born in 1944. A fire has destroyed all of the
records 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, births
and deaths. Is hearsay present? Why or why not? If so, is there an exception to the hearsay
rule? 5.
Susan is testifying at trial that when she inherited stocks from her parents thirty years
earlier, the stocks were virtually worthless. While on the stand, she offers an old stock market
quotation from thirty years earlier as proof. Is this hearsay? Why or why not? If so, is there an
exception to the hearsay rule? 68 6.
Eric is testifying at the trial of Manny. Manny is being accused of assaulting his
girlfriend 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’s
testimony likely to be ruled as hearsay? Why or why not? If so, is there an exception to the
hearsay rule?
~ 7.
Sheila is testifying at the trial of her sister Kayla. Kayla is being accused of the
attempted murder of Kendall. While on the stand, Sheila testified that Kayla told her prior to her
arrest: “next time I am going to take gun classes, and I am not going to be such a poor shot.” Is
hearsay 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 on

the stand, she is asked what was stolen from her home. She pulls a list out of her purse that she
had made for police a few days after the incident, and begins reading it out loud. Is there
hearsay 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 on
behalf of one of the persons injured by the drunk driver. On the stand, Sarah testifies that her
friend, Wendy, who was seated next to the driver, stated just prior to the collision, “you are too
drunk to drive and you are driving way too fast.” Is hearsay present? Why or why not? If so, is
there an exception to the hearsay rule? 10.
Maura witnessed a car hit several pedestrians, and is testifying on behalf of one of the
persons 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 to
hit 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 is
being tried for solicitation of murder. At the trial, Paul testifies that he saw Henry give a sleazy
looking man a lot of cash. Is hearsay present? Why or why not? If so, is there an exception to
the hearsay rule? 12.
Luther was dying from a gunshot wound that he sustained in a gang fight. Norman had
been kneeling next to Luther in the street, as he died. Luther told him that he was really the
person who had robbed a 7-11 and pinned it on Joe, a member of a rival gang. At the trial of Joe
for robbery, Norman testifies that Luther said, “I am really the one who robbed the 7-11. I
dressed like Joe so he would get nailed. Isn’t that funny?” Luther then coughed a few times and
died. 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 Martha
was stealing and on occasion had intentionally helped to cover the thefts because she, too, hated
the boss. She said on the stand, “I did help cover Martha’s thefts on occasion because our boss
was such a cheapskate, and paid us so little for what we were doing for him.” Is Josie’s
testimony likely to be ruled as hearsay? Why or why not? If so, is there an exception to the
hearsay rule? 14.
Jordan is testifying on behalf of her Grandmother at a hearing to determine her eligibility
for disability benefits. She testifie& that her Grandmother said, “I feel so weak that I cannot walk
to 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 and
hit her on the head. Her friend Jean was next to her and helped her to get up. Ann told Jean that
she felt really quite dizzy and then collapsed into a coma. At Ann’s personal injury trial, Jean
testified 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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