DISCUSSION QUESTIONS 1. Two young boys were playing Cowboys and Indians when one was struck in...

Transcribed Image Text:

DISCUSSION QUESTIONS 1. Two young boys were playing Cowboys and Indians when one was struck in the eye with an arrow. The statement of claim alleges that the adult defendants were negligent in permitting their son to have a bow and arrows. The plaintiff seeks to introduce evidence that the defendants paid medical bills incurred as a result of the plaintiff's injury. Identify any potential hearsay issue and discuss whether or not the payment of the medical bills is admissible evidence. 2. The plaintiff is suing the defendant for damages for personal injury incurred as a result of the defendant's motor vehicle running her down as she was walking across an intersection. After the incident, a number of spectators gathered and the plaintiff overheard one of them saying, "There's no question that fellow ran the yellow light. I saw him do it." The plaintiff is also prepared to testify that although she was dazed at the time, she distinctly heard a voice, which she could not identify, say, "But I never even saw her until the last moment." The plaintiff also seeks to call a witness who will testify that, shortly before the accident, the defendant's vehicle passed him in an erratic manner and his wife remarked, "Here's a driver looking for an accident." Discuss whether any of these statements are hearsay. 3. The accused is charged with credit card fraud. He wants to testify that his friend, who has since died, told him, "This is my card and you may use it if you wish." Is this statement admissible? If so, on what basis? 4. Joe has been accused of public mischief. The allegation is that, as a joke, he shouted, "Bomb! Run for your life!" on a crowded subway platform. A huge panic ensued as people rushed to escape. The arresting officer wants to testify that when he asked the subway passengers to identify who shouted that there was a bomb, several people pointed at Joe. Discuss whether or not the officer will be able to give this evidence. DISCUSSION QUESTIONS 1. Two young boys were playing Cowboys and Indians when one was struck in the eye with an arrow. The statement of claim alleges that the adult defendants were negligent in permitting their son to have a bow and arrows. The plaintiff seeks to introduce evidence that the defendants paid medical bills incurred as a result of the plaintiff's injury. Identify any potential hearsay issue and discuss whether or not the payment of the medical bills is admissible evidence. 2. The plaintiff is suing the defendant for damages for personal injury incurred as a result of the defendant's motor vehicle running her down as she was walking across an intersection. After the incident, a number of spectators gathered and the plaintiff overheard one of them saying, "There's no question that fellow ran the yellow light. I saw him do it." The plaintiff is also prepared to testify that although she was dazed at the time, she distinctly heard a voice, which she could not identify, say, "But I never even saw her until the last moment." The plaintiff also seeks to call a witness who will testify that, shortly before the accident, the defendant's vehicle passed him in an erratic manner and his wife remarked, "Here's a driver looking for an accident." Discuss whether any of these statements are hearsay. 3. The accused is charged with credit card fraud. He wants to testify that his friend, who has since died, told him, "This is my card and you may use it if you wish." Is this statement admissible? If so, on what basis? 4. Joe has been accused of public mischief. The allegation is that, as a joke, he shouted, "Bomb! Run for your life!" on a crowded subway platform. A huge panic ensued as people rushed to escape. The arresting officer wants to testify that when he asked the subway passengers to identify who shouted that there was a bomb, several people pointed at Joe. Discuss whether or not the officer will be able to give this evidence.