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Francine is suing her employer, Angler Markets, for wrongful termination. Angler's defense is that it fired Francine for cause, because of an incident in which
Francine is suing her employer, Angler Markets, for wrongful termination. Angler's defense is that it fired Francine for cause, because of an incident in which she insulted a customer and used a racial slur against him. During its case-in-chief, Angler submits an e-mail written by the customer to the complaints department of the company. Francine's former manager will testify that gathering these complaints is a regular practice of the company and that the complaints are gathered as part of a regularly conducted activity. She will state that because of these practices, she knows that the e-mail was received on July 5th, the day before Francine was fired. She will also authenticate the e-mail by confirming that the e-mail she has printed out is in fact the same e-mail that was received by the complaints department on July 5th. She will then read the e-mail, which states: "I was in your store yesterday and an employee named Francine was very rude to me. When I told her that I did not appreciate her tone, she made a denigrating comment about my ethnic background." Francine objects to the e-mail as hearsay. Is the e-mail admissible? Group of answer choices No, because the e-mail is hearsay and no exception applies. Yes, the e-mail is admissible for the truth of the matter assertedthat is, to prove that Francine did in fact insult a customer and make a denigrating comment about her ethnic background. Yes, but only as evidence that the company had notice of the fact that
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