Hearsay
Civil Rights action by P against D, a police officer. P claims that D shot her w/out reason during a confrontation at a sporting event. D claims she acted in self-defense. To prove she acted reasonably, D testifies that while en route to the sports area, the dispatcher told D that P was armed. Hearsay?
Not hearsay. The dispatcher's statement is not being offered to prove TOMA, but, rather, that D had reason to think P was armed. Effect on Listener
To prove that X was the owner of a certain dog, W testifies that she saw the dog run up to X waging its big bushy tail. Statement? Hearsay?
Statement - No, statements are made by humans
Hearsay - No, no statement thus not hearsay
Prosecution of D for the murder of V. At trial, the prosecution calls W, who claims to have witnessed the killing. When asked who killed V, W points to D. Is this a statement? Is it hearsay?
Hearsay - No, it's not an out-of-court statement. W made the statement while testifying at the trial
To prove D's red car hit P's blue car, P testifies that just after the accident, she turned to her friend and said, "That red car just rammed right into us." Hearsay?
Hearsay - Yes, it's an out of court statement being offered to prove TOMA (that the car driven by D hit P's car). Note: it doesn't matter that that P is testifying about her own statement
To prove the weather at the beach on a certain day was very sunny, W testifies that most people at the beach put on sunscreen. Statement? Hearsay?
Statement - No, not assertive conduct. People at beach not intending to assert it was sunny.
Hearsay - no statement, thus no hearsay
To prove that X was close to Y's car, W testifies that as X walked past Y's car, an automated voice from Y's car stated, "Back off! You are too close to the vehicle!" Statement? Hearsay?
Statement - No, an automated/machine message is not a statement because no human was present/making an assertion at that time.
Hearsay - No, not a statement thus not hearsay.
To prove it was raining at a certain time, W testifies that at that time, a weather reporter on a local news program said, "Dust off those umbrellas!" Statement? Hearsay?
Statement - Yes, forcaster's statement was an assertion that it was raining
Hearsay - yes, was being offered to show that it was raining
Negligence action by P against D arising out of an automobile collision. To prove that he suffered emotional distress as a result of the accident, P calls W to testify that at the scene just after the accident, P was sobbing. Statement? Hearsay?
Statement - No, sobbing is non-assertive conduct. P was not asserting her emotional distress, she was merely reacting to it
Hearsay - No, without a statement, it isn't hearsay
To prove that D liked X, W testifies that D introduced X to her at a party as "my favorite person in the whole world." Statement? Hearsay?
Statement - yes
Hearsay - Yes, be out of court statement being offered for TOMA -- that D liked X
Breach of contract action by P, a music wholesaler, against D, a record store owner. P alleges that in a phone conversation, P and D entered into an oral contract for the sale of 35 "Sneezer" CDs at a specified price, but that D failed to pay for the CDs after they were delivered. D denies that a contract existed. To prove a contract existed, P offers to testify that after D offered to purchase the CDs, P responded, "I accept your offer." Hearsay?
Hearsay - No. P's statement to D is not an assertion that a contract existed but, rather, constituted the acceptance of an offer (part of making the contract). As such, it's words of independent legal significance and is not hearsay