Hearsay problems

10-1.

1) Not hearsay. Animals don't count.

2) Hearsay -- assertion offered for its truth.

3) Hearsay -- assertion offered for its truth, even though paraphrased rather than directly quoted.

4) Hearsay -- nonverbal conduct intended as an assertion.

5) Not hearsay -- no out of court statement.

10-2. Hearsay. Assertion (by Bernard) offered for its truth.

10-7. Not hearsay. The terms of the contract are not assertions of fact, but words with legal significance.

10-8. Not hearsay. The letters are not offered for their truth, but for the light they shed on the recipient's mental state (still capable of doing buisness). They probably are still inadmissible, however, under Rule 403.

10-9. Admissible. The words are both assertions of fact and also words with independent legal significance. Thus they are admissible for one purpose (establishing the defamation) and inadmissible for another (their truth). Evidence admissible for one purpose but inadmissible for another is admissible.

10-17:

1) Hearsay. Assertion offered for its truth.

2) Not hearsay. No assertion, because it predicts the future.

3) Not hearsay. Not an assertion, but words with independent legal significance.

4) Not hearsay. No content -- it says they talked but not what they talked about.

5) Hearsay.

6) Not hearsay. Nonverbal conduct intended as an assertion, but words have independent legal significance because it proves memberhsip in the conspiracy (don't worry, I missed this one too until I looked in the Teacher's Manual - jat)

7) Hearsay. Adopted truth of another's statement by silent assent. Whew!

8) Tricky. It's hearsay. You have to recall that a receipt is merely evidence of an agreed payment, not the payment itself, so it looks like words with legal significance but it isn't.

9) Not hearsay. No content to any communication.

10) Not hearsay. Not for the truth, but to show she was alive. The content of the statement doesn't matter.

11) Not hearsay, just conduct.

12) Hearsay. Words are not legally significant, because you should recall from property that words of gift must accompany transfer of property to be effective.

13) Hearsay. assertion offered for its truth.

14) Not hearsay, just conduct. No content of any communication.

15) Beats me because I don't understand the question. I guess it's hearsay because he says he's over here and he is -- an assertion offered for its truth.

16) Hearsay. Assertion offered for its truth.

17) Hearsay. assertion offered for its truth.

18) Not hearsay. Not offered for its truth but as circumstantial evidence of state of mind.

19) Hearsay. Also lack of personal knowledge.

20) Not hearsay. probably offered to show notice or state of mind.

21) Hearsay. assertion offered for its truth.

22) Clearly hearsay.

23) Not hearsay. Not an assertion but a prediction of the future.

24) Hearsay within hearsay. Although the statement of C to H is a prediction of the future, the statement by H is an assertion describing a conversation that occurred, offered for its truth.

25) Sorry -- I'm sick of these.