CHA Chapter 9 Hearsay Statement #2: "Look, Marissa said we could party here all we want. She said it didn't matter if anything broke or not-it ain't even her house, man!" Randall called the police, and the party participants, one of whom turned out to be Marissa, were arrested. They were each charged with criminal trespass and criminal damage to property. 1. With regard to Statement #1, is there a nonhearsay use of this evidence? Discuss. 2. With regard to Statement # 2, is there a nonhearsay use for this evidence? Discuss. Assume that the proponent of the evidence is attempting to intro- duce the following at trial. Will the judge rule that it is one of the following: (a) not a statement so not hearsay; (b) a statement which might be hearsay; (c) a statement but not hearsay because the rule says so; or (d) a statement but not hearsay because the courts say so? 3. A prescription for bifocal lenses. 4. Professor Smart's selection of Mary to be his teaching assistant. 5. Defendant Manager's e-mail approving his assistant's decision to fire people. 6. Madam Wiley's prior statement under oath to Congress now offered because her present testimony differs from that statement made about the terrorist bombings. 7. The security guard's exclamation "That's the guy who had the drone in the park." 8. Defendant Tzeth's scribblings on a wall: "Death to Americans!" 9 . The statement: "You can have this for your twenty-first birthday." 10. Mr. President said: "Don't question my authority to do this for I am ordained by God to do this." (Assuming the statement is not offered for the truth!) 10.1Consider the following hypothetical situation. Marissa, who lived with her mother, was a next-door neighbor of Randall, who lived alone. One day Randall asked Marissa if she would take care of his plants over the summer because he was going to be out of town a lot. Marissa agreed, and Randall gave her a key to his house, with his thanks. Before Randall left, Marissa asked him if it was OK if she used his house while he was gone. She explained that at times she needed to have privacy away from her mother. Randall said, Statement #1: "Of course, you can use the house any time." After approximately six weeks of absence, Randall came home unex- pectedly. When he entered his house, he found a party going on. Many of his personal things were lying broken, and the house was in a shambles. He began to tell people to leave. One party participant said