nend 1 1 . being tried for Sot Henry told Paul that he was going to get even with his boss who just fired him. Henry is the hearsay rule ? d 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 Luther was dying from a gunshot wound that he sustained in a gang fight. Norman had Der been kneeling next to Luther in the street, as he died. Luther told him that he was really the person who had robbed a 7-1 1 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? Josie is testifying at the embezzlement trial of Martha. 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 testifies 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? 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?Exercise #18: HEARSAY Review the following scenarios and state whether the following statements constitute hearsay talked with her mother o a testifying witness in her mother's personal injury trial, Mary is asked whether she ther 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? 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? 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? 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? 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?Exercise #17: EVIDENCE 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. in 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. 10. A diary.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 hearsay rule? testimony likely to be ruled as hearsay? Why or why not? If so, is there an exception to the 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? 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? 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? 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