Question: Eddie is charged with shoplifting from a discount store. A store clerk testifies: I saw Eddie take things from the store. Is the testimony hearsay?

Eddie is charged with shoplifting from a discount store. A store clerk testifies: "I saw Eddie take things from the store." Is the testimony hearsay?

5.2 Max is charged with robbery for robbing a rare coin store. A store clerk testifies: "The store owner told me that Max was the one who robbed the store." Is the testimony hearsay?

5.3 Stan is charged with shoplifting. A store assistant intends to read a note written by a store detective. The note reads, "I hereby swear that I apprehended Stan on December 24 when he stole two video games from the store." Is the note hearsay?

5.4 Roy is charged with murder and he claims insanity defense. To show Roy was inane, defense counsel offers his public statement "I am the Pope." Is the statement hearsay?

5.5 Ted is charged with robbery for robbing a handbag from an elder woman. Ted claims duress defense. He intends to testify about Gary's statement to him. Gary, a gun in hand, said to him, "Go to take that handbag from her or I'll kill you." Is the testimony about Gary's statement hearsay?

5.6 Phil is charged with robbery. It is alleged that Phil robbed a downtown jewelry store. The prosecution calls Mrs. Lovely to testify. Mrs. Lovely is to testify that on the day of the robbery when she was walking on the street near the jewelry store she saw the store owner rush out of his store and stop a police officer on patrol. The store owner pointed at a man in blue sweater and said to the officer: "That man has just robbed my store." At trial, Mrs. Lovely identifies "that man" as Phil. Was the store owner's conduct of pointing at "that man" assertive or nonassertive conduct? Can Mrs. Lovely testify about the store owner's conduct? Is the testimony hearsay?

5.7 Colin is charged with robbery. It is alleged that Colin snatched a gold necklace from a middle-aged lady downtown. Colin was arrested by Officer Olson shortly after the robbery. The prosecution calls Officer Olson to testify. Officer Olson testifies that he did not see Colin snatch the necklace from the lady but he saw a crowd of people chasing Colin. He joined the chase and arrested Colin. Was the crowd's conduct of chasing Colin assertive or nonassertive conduct? Can Officer Olson testify about the crowd's chasing after Colin? Is the testimony hearsay?

5.8 Bruce is charged with distribution of child pornography. A search warrant was issued. It authorized the police to search Bruce's residence and computer. In Bruce's computer the police found 50 e-mails. In the e-mails the senders asked Bruce to send them pictures of naked girls or boys. The prosecution asks the police officers to testify about the e-mails. Bruce objects, claiming the testimony is hearsay. Was the conduct of those who sent e-mails to Bruce assertive or nonassertive conduct? Is the officers' testimony about the e-mails hearsay?

5.9 Sam is on trial for fraud. The prosecution alleges that Sam went to several senior citizen centers and defrauded a number of senior citizens. The prosecution offers Sam's notebook into evidence. In the notebook, Sam noted to which senior citizen he had talked about his fraudulent scheme. The prosecution's theory was that Sam kept such a record because he wanted to make sure he would not talk to the same person twice about the scheme. Sam objects, claiming the notebook is hearsay. Is the record kept in the notebook offered for its truth? Is the notebook admissible?

5.10 Arthur is on trial for possession of stolen property. Officer Snow arrested Arthur for possession of two sets of stolen stereo components and issued him the Miranda warnings. Arthur made no statement to the officer. At trial, Arthur testifies that he had no knowledge that the stereo components were on his premises. The prosecution intends to call Officer Snow to testify that Arthur did not give that explanation when he was arrested. The prosecution's theory is that if Arthur indeed had no knowledge of the presence of the stolen property he would have explained it to the officer at the time of his arrest. Arthur's attorney objects to Officer Snow's testimony. Can Officer Snow testify about Arthur's silence at the time of his arrest?

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