Answers to Exercises in Manual

7.5 (a)

The elements to the Hearsay Rule are:

1. In-court testimony
2. of an out-of-court statement
3. made by someone other than the in-court witness
4. offered to establish the truth of matters asserted.
5. In establishing hearsay, the question of credibility lies with the out-of-court asserter.

Exercise Answers: Applying the Hearsay Rule

7.5 (b)

1. Is it hearsay: no
   Is it admissible: yes
   
   
2. Is it hearsay: yes
   Is it admissible: yes, as a Business Entry
   Note: most documents are hearsay, but are also often admissible under the Business Entry Exception
   
   
3. Is it hearsay: yes
   Is it admissible: yes, under Declaration of State of Mind
   
   
4. Is it hearsay: no
   Is it admissible: yes
   Note: Hearsay is part of the Rules of Evidence, which apply to courts. Notice the first element: in-court testimony. This was not in-court, but was at an administrative hearing. The hearsay rule would not apply.
   
   
5. Is it hearsay: yes
   Is it admissible: yes, under Declaration Against Interest
   
   
6. Is it hearsay: no
   Is it admissible: yes
   
   
7. Is it hearsay: yes
   Is it admissible: yes, under Present Sense Impression, or possibly Excited Utterance
   
   
8. Is it hearsay: no
   Is it admissible: yes
   Note: Only statements, verbal or written, are hearsay. Conduct is not. Jerking the steering wheel to the left was conduct.
   
   
9. Is it hearsay: yes
   Is it admissible: yes, under Dying Declaration, Present Sense Impression, or Excited Utterance
   
   
10. Is it hearsay: yes
    Is it admissible: yes, under Business Entry 
    
    
11. Is it hearsay: yes
    Is it admissible: yes, under Exited Utterance or Declaration of Bodily Symptoms or Conditions
    
    
12. Is it hearsay: no
    Is it admissible: yes
    Note: It's not in court!