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Examine the following hypotheticals involving a suit by A against B arising out of an automobile accident. What should the result be in each case?
Examine the following hypotheticals involving a suit by A against B arising out of an automobile accident. What should the result be in each case? Where applicable, please cite to the Federal Rules of Evidence exceptions to the hearsay rule.
The police report contains the following statement which the plaintiff seeks to introduce:
- "I was standing at my beat and saw the red Chevrolet [which we now know to be the defendant's car] go through the red light and strike the green Ford [which other testimony shows to be the plaintiff's car]."
- "I arrived at one thirty [which other evidence indicates was twenty minutes after the accident] and noticed a skid mark, which I measured at 93 feet leading directly to the rear wheels of the Chevrolet."
- "I arrived within five seconds of the impact and heard a bystander scream, 'Did you see that crazy red car go through the red light?'"
- "I arrived a few minutes after the accident and asked the driver in the red Chevrolet what happened. He stated that he had fallen asleep at the wheel and did not rightly know."
- "I arrived a few minutes after the accident and Officer Jones approached me and said that he had seen the accident and that the red Chevrolet had gone through the red light and hit the green Ford."
- "I arrived a few minutes after the accident and Officer Jones told me that she had gotten there just before I did and asked the Chevrolet driver what had happened and that he had said 'I fell asleep at the wheel and I don't rightly know.'"
- "I arrived twenty-five minutes after the accident and asked a bystander what had happened. He said that he had seen it all and the red Chevrolet was going too fast and couldn't stop for the red light and went right through the red light and hit the green Ford."
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