DIRECTIONS: For this assignment , you will tackle 20 items on the Hearsay Extra problems assignment, included in this module. You will have an opportunity to state your answers to these 20 questions, and then receive feedback from me prior to the exam.

You will consider the following 20 items of evidence from the Hearsay Extra Problems Assignment: Numbers 1-20. They are reprinted below. For each, state whether or not it is hearsay, using the definition explained in class. Please restate the definition in each answer. AND THEN, if it is hearsay, state what exception, if any would apply. Explain your answer in at least 2-3 sentences. In other words, a sample answer might be:

Sample Question: In a prosecution for murder, the defense, in order to prove defendant was insane at the time of the murder, seeks to present defendant's statement to his mother, "I am Julius Caesar, come to save the world."

Sample Answer: This is NOT hearsay. Hearsay is an out of court statement used in court to prove the truth of the contents of the statement. Here, while it is an out of court statement used in court, the defense is not trying to prove the truth of the statement, namely that defendant is Julius Caesar. Obviously, the statement is not true. Rather, the defense is trying to prove defendant's state of mind.

16. On the issue of reasonableness of X's conduct, in the shooting of Y by X, D's statement to X. "Y has threatened to kill you on sight."

17. On the issue in 16, Y's reputation, known to X, as a violent, quarrelsome man.

18. Action for malicious prosecution of P by X on the charge of murdering Y. On the issue of probable cause, P's reputation as a gangster, known to X. (Hint: an action for malicious prosecution occurs when a defendant is wrongfully prosecuted for something he/she did not do; he or she can then sue the prosecutor for maliciously prosecuting them. The plaintiff has to prove that the prosecutor knew the defendant was innocent but prosecuted them anyway).

19. In 18, Y's reputation, known to X, as a quiet, peace-loving citizen.

20. On the issue of the terms of a contract with T negotiated by D, D's statement, "l am making this offer to you, as the agent of P."

21. On the issue of whether D was the agent of P, the statement in 20.

22. As tending to prove that X was suffering from tuberculosis, the fact that D, a physician, ordered X to a tuberculosis sanatorium for six months, concealing from X an X's relatives the character of the hospital.