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.

  

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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!" one of whom Randall called the police, and the party participants, c 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? 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!" one of whom Randall called the police, and the party participants, c 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? 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!" one of whom Randall called the police, and the party participants, c 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?

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Introduction In legal contexts the concept of hearsay is crucial to determine the admissibility of statements made outside of the courtroom Hearsay refers to an outofcourt statement offered to prove t... View the full answer