Hearsay Questions
[About These Questions]
Which of the following items are hearsay?
76. Prosecution of D for killing V. On the
issue of D's fear of V. W1 testifies that he heard W2 say to D, "V has knifed three
people in the last year."
77. Same as 76 except the issue is whether V
or D was the aggressor.
78. On the issue whether P and D are bound
by a contract, W testifies to D's statement to P, "I accept your offer."
79. Action P v. D for injuries sustained
when P fell through termite-eaten boards on D's porch. To prove that P was involved in
such an accident, P offers the testimony of W: "D said that when he got home from
work he heard that P had gone through the porch and that he thought it was too bad."
80. Action P v. D for injuries sustained
when P fell through termite-eaten boards on D's porch. To prove that P was involved in
such an accident, P offers the testimony of W that N, a neighbor who had been on the porch
with P, came rushing across the lawn shouting to D, "P has fallen through your
porch."
81. Action P v. D for injuries sustained
when P fell through termite-eaten boards on D's porch. To rebut evidence by D that he had
no knowledge of P's alleged accident until 18 months after it was supposed to have
occurred, P offers the testimony in 80.
82. Action P v. D for injuries sustained
when P fell through termite-eaten boards on D's porch. To prove that P was involved in
such an accident, P offers the transcript of D's testimony in prior litigation between him
and his insurance company: "The boards on the porch were so weak that P went right
through them."
83. Same as 79 except that W is dead and P
is offering a transcript of W's testimony, to the indicated effect, given in a prior trial
of the same cause.
84. As tending to show that D had a revolver
in his possession, the state offers the testimony of W that, as D passed W's house, W
called her husband's attention to a revolver sticking out of D's pocket.
85. On the issue whether plaintiff's
decedent (V) was still alive after his car was struck by the first of two cars, W (who was
in V's car with V) testifies that, before the second car struck, V said, "My head
hurts."
86. On the issue of the existence of
injuries to V's head caused by the first car, the testimony in 85.
87. On the issue of the sanity of D, a
woman, W testifies that D on numerous occasions said publicly, "I am the Pope."
88. On the issue of D's guilt of the crime
of killing V, W testifies that D told him that he (D) fled the scene immediately after V's
murder.
89. On the issue of X's sanity, W testifies
that X was confined to an insane asylum.
90. On the issue whether a transfer of a
fountain pen from defendant (D) to plaintiff (P) was a sale or gift, P testifies that D
made a statement accompanying the transfer, "I am giving you this pen as a birthday
present."
91. In 90, P testifies instead that D, the
day following the transfer, said, "I gave you the pen as a birthday present."
92. In 90, P testifies instead that D, the
day before the transfer, said, "I plan to give you the pen as a birthday
present."
* * *
94. On the issue of plaintiff's (P's) having
cancer, N (a nurse) testifies for D that E, a doctor, gave P X-Ray treatments.
95. In 94, N testifies instead that she
heard E tell P that P had cancer.
96. In 94, instead of using N's testimony, D
offers in evidence the hospital record containing a notation made by E to the effect that
he had found a malignant tumor in P.
97. Same as 96 except that the hospital
record contains a notation by the hospital receptionist to the effect that P, on entering
the hospital, said that he had "a cancerous tumor."
98. On the issue of X's good eyesight, W
testifies that Y, X's commanding officer, assigned X to the position of lookout on the
ship.
99. Action P v. D. On the issue of P's
knowledge that D was in the city, D offers X's testimony that Z said to P, "D is in
the city."
100. The testimony in 99 offered to prove
that D was in the city.
101. Action P v. D. To prove that D was
present in the city, D offers W's testimony that P said, "I know that D is in the
city.
102. On the issue of witness W1's hostility
toward defendant (D), W2 testifies for D that W1 said to D in an angry tone, while D
remained silent, "Well, at least I've never stolen money from my employer like you
have!"
103. On the issue of D's stealing money
from his employer plaintiff (P) offers the evidence in 102.
104. To prove the license number of the car
involved in a hit-run accident, P offers a crumpled slip of paper on which appears the
number EE2468 and the testimony of a woman that, though she cannot now recall the number
of the car, she did, while the number was fresh in her mind, write the number down on the
piece of paper offered in evidence.
105. To prove the license number of the car
involved in a hit-run accident, P offers a photograph of a retreating automobile bearing
the license plate EE2468 and the testimony of a woman that, though she cannot now remember
the number of the car, she did know it at the time and that she took the photograph
offered in evidence of the accident car as it left the scene.
* * *
108. On the issue of the speed of a
locomotive, P introduces the tape printed by an automatic speed-recording device in the
train.
109. On the issue of D's guilt of a crime,
P offers a moving picture of D re-enacting the crime.
110. On the issue of the voluntariness of
D's confession, P offers the moving picture in 109.
111. On the issue of D's good faith in
discharging X, an employee (W) testifies that the police chief told D that X had been
caught burglarizing a store.
112. On the issue of D's good faith in
discharging X, an employee, D testifies that W told him (D) that the police chief told W
that X had been caught burglarizing a store.
113. On the issue of D's good faith in
discharging X, an employee, W testifies that the police chief told W that he (the police
chief) had told D that X had been caught burglarizing a store.
* * *
115. Action P v. D. W1 testifies for P that
D's car was going "over 50 miles an hour." To impeach W1, D offers the testimony
of W2 that W1 said a day after the accident that D was going "slow."
116. The evidence in 115 offered by D to
prove that he (D) was going slowly.
117. In 115, W2 is a police offer with no
present recollection of W1's statement, so D offers the officer's (W2's) accident report,
made up the day after the accident, containing the alleged W1 statement.
118. To prove that X was ill, W testifies
that X, at the time, complained of a pain in his chest.
119. Action P v. D for $800, the price of a
used automobile. Plea, payment. On the issue of payment, W testifies that he saw D hand P
$800 in cash and say, "This is the payment for that car."
120. Action P v. D for conversion of a new
automobile. To prove value, P offers a receipt for the purchase price, $3000, signed by X,
the dealer from whom P bought it.
121. Same as 120 except X is D.
122. Action for personal injuries by a
guest in an automobile against the owner. On the issue of contributory negligence and
assumption of risk, W testifies that an hour before the accident, a mechanic said to the
owner in the presence of the guest, "The spindle on that front wheel may break at any
moment."
123. The evidence in 122 offered to show
that the spindle was defective.
124. As tending to prove title to Blackacre
in defendant (D) by adverse possession under claim of title, D offers the testimony of W
that plaintiff (P) said to his sister, "I've been down to the town meeting, and D is
telling everyone that he owns Blackacre."
125. Action P v. D. To prove that A was an
agent of D's, P offers the testimony of W that A said, "I am an agent of D's."