HEARSAY EXERCISES

INSTRUCTIONS:
This exercise will help you understand hearsay. This exercise requires that you follow a few
steps; it is extremely important that you follow the steps correctly for every fact pattern.
Eventually, you will be able to do these steps in your head without thinking about it.
Below are four fact patterns in which a party offers evidence. Heres what you need to do for
each fact pattern.
I. BEFORE YOU WRITE ANYTHING.
1) Read the hearsay rule and the exceptions.
2) Read the fact pattern, (read it out loud if that helps).
3) Identify the statement.
4) Identify the declarant (See 801(b)).
5) Who is offering the statement.
6) Why is the person offering the statement.
6) Read the hearsay rule AGAIN.
II. NOW YOU MAY WRITE YOUR RESPONSE.
1) Write out the hearsay definition and the rule (See Rule 801(c) and Rule 802) .
2) State whether the evidence is hearsay
3) State why it is hearsay
4) State whether the evidence is admissible under the hearsay rule.
5) State whether an exception applies AND which one.
6) Tell me why the exception applies.
EXAMPLE No. 1:
Fact pattern: In a lawsuit to recover damages from a car accident, Dan wants to prove that the
light was green when the collision occurred. A witness says, Ralph told me the light was green.
Response: Hearsay is an out-of-court statement offered to prove the truth of the matter asserted.
Hearsay is not admissible unless an exception applies. In this case, Dan wants to prove the light
was green. The witness testifies that the declarant, Ralph told him the light was green. The
witness is relying on a statement Ralph made outside of court in order to prove the light was
green. Therefore, the testimony is inadmissible hearsay.
EXAMPLE No. 2:
Fact pattern: Dan wants to prove that the light was green when the collision occurred. A witness
testifies that immediately after the collision, Ralph shouted that was a green light!
Response: Hearsay is an out-of-court statement offered to prove the truth of the matter asserted.
Hearsay is not admissible unless an exception applies.
In this case, Dan wants to prove the light was green. The witness testifies that immediately after
the collision, Ralph shouted that the light was green. The witness is relying on the statement
Ralph made outside of court in order to prove the light was green. Therefore, the testimony is
inadmissible as hearsay.
However, under rule 803(1) a hearsay statement may be admissible as a present sense impression
if the statement describes or explains an event and is made while the declarant perceived the
event or immediately after. In this case, Ralph made a statement that the light was green
immediately after the collision. The witness is not using Ralphs statement to prove the light was
green. The statement is being used to show Ralphs perception of the intersection at the time of
the accident. Therefore, the statement is a present sense impression and the witness should be
allowed to testify about what Ralph said.
OKAY, YOUR TURN: REMEMBER TO FOLLOW THE STEPS
Fact Pattern 1:
Pam, who cant remember the details of a conversation with Darla refers to a memo and then
testifies about the conversation.
Fact pattern 2:
On the issue of whether decedent Victor was still alive after the accident, Wanda testifies that
Victor said: My head is bleeding and hurts awful bad.
Fact Pattern 3:
Pandora sues David for age discrimination. A former district manager employed under Pandora
is called to testify that four employees of David said that Pandora was terminated because of her
age and high income level.
Fact Pattern 4:
The states primary witness to the armed robbery, Scared Witless, testified at trial that he could
not identify Dastardly as the robber. Witness is excused subject to being recalled. State calls
Top Cop who will testify that Witless picked Dastardly out of a line-up ten days after the
robbery.