Reference no: EM133579264

Hearsay Analysis

Is the evidence a statement?

If so, is the evidence of the statement offered for the truth of the matter asserted (or, alternatively, does the statement have to be true to be probative)?

If so, is the statement either within an exemption from or an exception to the hearsay rule?

If the statement is not admissible under a traditional exemption from or exception to the hearsay rule, is it admissible under a catch-all exception (Rule 807)?

Questions

On the issue of the sanity of D, a woman, D's public statement, "I am the Pope."

On the issue of D's consciousness after the attack, D's statement, "X shot me, as he often threatened to do."

On the issue of identity of the shooter, D's statement in 2.

On the issue of D's ill feeling toward X, D's statement, "X is a liar and a hypocrite."

On the issue of whether D was the agent of P, the statement "I am making this offer to you, as the agent of P."

As tending to prove X's insanity, the fact that he was confined in an insane asylum.

To show that X was ill, W offers to testify that X complained of pain in his chest.

Action for conversion of an automobile. To prove value, plaintiff offers a receipt for the purchase price, $5000, signed by the dealer from whom he bought it.

To prove that her husband was insane, a wife offers evidence that he lived in a nest in the top of a tree for the last five years.

Personal injury case. To show pain and suffering, plaintiff calls a nurse who testifies that the plaintiff was screaming when he was brought to the hospital.