PROBLEM 10-1, P. 525 --
The first witness is Sammy. He testifies [bottom of 525] that he heard an employee tell the manager about the banana peel. What is the proper objection?
(1) I object to evidence of what the witness heard the employee say as hearsay. I move to strike.
How should the plaintiff respond to this objection?
(2) Two possible responses:
A) The statement is not offered for its truth, but to show knowledge on the part of the defendant who has denied having sufficient notice to clean up the banana peel.
B) Admission of opposing party -- it's a statement by an employee within the scope of his job.
Next, Sammy testifies that another employee said he'd lose his job & kill Sammy if he tells anyone. What is Plaintiff's best response to a hearsay objection? When you think you know the answer, click here to contuine.