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Grayson Griffin
Lesson Five: Evidence
CLS by BARBRI
ASU Student ID: 900598086
Paralegal I
Assignments@legalstudies.com
05/15/2022
Reflection Assignment #5
Complete Exercise #17 & 18 in the workbook.
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:
1.
A man is holding a book of matches at the scene of a fire.
Circumstantial
2.
A person who is dead, a smoking gun on the floor, and a person standing of the
deceased.
Circumstantial
3.
Seeing a car hitting a pedestrian.
Direct
4.
A certified birth certificate.
Direct
5.
An affidavit.
Direct
6.
A receipt for prescription drugs.
Direct
7.
“John just said that he killed Susan!”
Hearsay: Excited Utterance
8.
A witness who saw that a child had a compound fracture of his leg.
Direct
9.
An imprint of teeth marks on a person’s arm.
Direct
10.
A diary.
Hearsay: Exception 803(5)
Exercise #18: HEARSAY
Review the following scenarios and state whether the following statements constitute hearsay.
1.
As a testifying witness in her mother’s personal injury trial, Mary is asked whether she
talked with her mother 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?
No, because Mary did not see the snow.
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2.
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 another
state. Is hearsay present? Why or why not?
If John’s signature is on the receipt, it is not hearsay, because it proves his location.
If there is no signature on the receipt, there is no proof that it is his receipt- it could
be his sisters.
3.
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?
No, George is being asked whether he saw the neighbor doing this. There is no
proof that said the neighbors got the computer equipment and copy machines
from work. Perhaps be has a hobby or a business fixing these machines.
4.
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?
Yes, because the bible is not an official document. The exception is 803 (13):
“Statements of fact concerning personal or family history contained in family
bibles.”
5.
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?
No, stock market quotes can be verified.
6.
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
testimony likely to be ruled as hearsay? Why or why not? If so, is there an exception to
the hearsay rule?
No, excited utterance.
7.
Sheila is testifying at the trail of her sister Kayla. Kayla is being accused of the attempted
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murder of Kendall. While on the stand, Sheila testified that Kaya 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?
Hearsay, however this is admissible due to the fact that Kayla is a party in the
proceeding, and she is also available to testify in her own behalf.
8.
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 hearsay present? Why or why not? If so, is there an exception to the hearsay rule?
No- The list was made at the time of the incident.
9.
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?
Yes, this is hearsay because Sarah is testifying to what Wendy said. It is also
offered to prove that the driver of the vehicle was drunk.
10.
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?
Yes, but the exception is “excited utterance.”
11.
Henry told Paul that he was going to get even with his boss who just fired him. Henry is
being tried 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 the hearsay rule?
No, hearsay is not present. Paul saw what he saw. This, however, does not prove he
solicited murder from the sleazy guy. He could have been paying a gambling debt
or buying a motorcycle.
12.
Luther was dying from a gunshot wound that he sustained in a gang fight. Norman had
been kneeling next to Luther in the street, as he died. Luther told him that he was really
the person who had robbed a 7-11 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
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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?
Yes, this is hearsay, but it is admissible under the Dying Declaration Exception.
13.
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?
No, this is not hearsay because Josie is giving a first-hand account of facts.
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?
Yes, it is hearsay, but there is an exception, it is the statement of existing physical
mental conduction.
15.
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?
Yes, it is hearsay, but there is an exception, it is the statement of existing physical
mental conduction.