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.

Items of Evidence: (These are taken from the problems in the Extra Hearsay Problems Assignment, also in this module):

1. On the issue whether X and D were engaged to be married, D's statement to X, "I promise to marry you on June 1, 1931. "

(Hint: Marriages were contracts under law in the US in the early 1900s).

2. On the issue of the sanity of D, a woman. D's public statement., " I am the pope".

3. On the issue of D's adverse possession of Blackacre, D's assertion. "I am the owner of this farm"

(Hint: adverse possession means that D is claiming ownership because he has lived on the property, even though someone else is title owner; under the law, if you live on someone else's property long enough and declare yourself the owner, then you become the owner through adverse possession)

4. On the issue of X's provocation for assaulting Y. D's statement to X, her husband "Y ravished me".

5. On the issue of D's consciousness after the attack. D's statement "X shot me, as he often threatened to do".

6. On the issue of identity of the shooter, D's statement in 5.

7. On the issue whether X made threats to shoot D, D's statement in 5.

8. On the issue of X's knowledge of speedily impending death, D's statement to X. "You have only a few minutes to live."

9. In 8, X's out of court statement, "I realize that I am dying."

10. On the issue of whether a transfer of a chattel from D to X was a sale or gift, O's statement accompanying the transfer, "I am giving you this chattel as a birthday present." (Hint: chattel is an object of personal property)

1. On the issue in 10, D's statement the day following the transfer, "I gave you the chattel as a birthday present."

12-13 Missing

14. On the issue of damages to the family reputation in an action for the seduction of P's daughter, her reputation for chastity.

(Hint: In former days, one could sue a married man who seduced a young lady into an affair for a tort called seduction. The plaintiff (young lady) had to prove that she had a reputation for chastity prior to the seduction in order to establish damage to family reputation.)

15. On the issue of D's ill feeling toward X, D's statement. "X is a liar and a hypocrite"

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.