Read the following hypothetical situation after reviewing the Case File at the beginning of this chapter. Focus on the statements that may be hearsay.
Tommy Rutherford and his family were staying at the lake for the summer. Tommy's family has a very small cabin built by his great-grandfather. The new home next door is quite large, and the owner is almost never there. One weekend the next-door neighbor, Susan, came to the lake for a short stay. Tommy offered to cut her lawn and look after the outdoor plants on the back deck. Susan said that would be great. Susan also said, "Feel free to use the dock, the tennis courts, and the back deck any time."
Late in the summer, Susan returned to find that the dock was badly damaged due to Tommy's inexpert docking of his family boat, and the net over the tennis court was ripped in half. When Susan asked about the damage, Tommy's sister Helen said, "Tommy said we could use the dock all we want, and besides, he is just learning to use a boat. The tennis court net was not my fault."
Review Federal Rules of Evidence 801 through 806 in Appendix VI
a. Are any of these statements hearsay? Explain.
b. Is there a non-hearsay use for any of the statements? Explain.