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4 same case to prove defendants involvement the

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4. Same case. To prove Defendant's involvement, the prosecution calls Witness, a tellerwho was in the bank at the time of the robbery, to testify that just after the robbery,she told a police officer that the robber was a tall blond man.5. Same case. The prosecution calls Investigator, the chief police investigator assignedto the case, to testify that a police forensic expert examined the stolen money forfingerprints, and that this expert told Investigator that fingerprints on the moneymatched those of Defendant.6. Same case. If the court sustains a hearsay objection to the testimony in Question 5,the prosecutor will respond that the forensic expert's statement is not being offered toprove the truth of the matter asserted (that fingerprints on the money matched those ofDefendant), but only to prove that the expert believed that the prints matched those ofDefendant).7. Same case. Assume the evidence of the forensic expert's statement is offered during ahearing to determine whether there was probable cause to arrest Defendant.8. Wrongful death action by Plaintiff, administrator of the estate of Deceased, againstDefendant following an automobile accident in which Deceased died. Defendantadmits negligence but contests damages, claiming that Deceased died instantly in thecrash. To prove that Deceased lived for a time after the crash, Plaintiff calls Witness, abystander who observed the accident, to testify that she approached Deceased's carjust after the crash, and that Deceased was moaning incomprehensibly.9. Same case, except that Witness will testify that when she approached Deceased,Deceased said, “I'm alive.”10. Same case, except that Witness will testify that she did not speak to Deceased, butthat Bystander told her that Deceased said, “I'm alive.”11. If the judge rules that the evidence in Question 10 is hearsay, how can Plaintiff'slawyer get Deceased's words before the jury?12. Prosecution of Defendant for murder. To prove her innocence, Defendant offers aletter written by Zed, now deceased, taking responsibility for the crime.13. To prove that the traffic signal at a particular intersection had turned green, a witnesswill testify that at that moment, the driver second in line at the intersection honkedher horn.14. To prove that it was raining at a particular place and time, evidence is offered thatpeople opened their umbrellas.15. To prove that Zed suffered pain when another person bumped into him, evidence isoffered that Zed said, “Ouch!”
16. Same case. To prove Zed was in pain when brought to the hospital, an emergencyroom nurse testifies that when she asked Zed, “Are you in pain?” Zed looked at thenurse, put his hand on his stomach and said, “Ouch!”17. Prosecution of Defendant for burglary. Defendant claims she never left her house onthe night of the crime. To prove Defendant was home on the night of the crime,Defendant testifies that earlier that evening, before the burglary took place, she toldher husband, “I have a horrible stomach ache.”18. Same case. To prove that Defendant never left her house on the night of the crime,Defendant testifies that she is a Sagittarius, that she read her horoscope in the paperon the day the crime was committed, and that the horoscope read, “Your life will takea bad turn if you don't stay home tonight.”19. Same case. Instead of testifying that she read the horoscope in the paper, Defendant

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Term
Fall
Professor
Davis
Tags
Evidence law

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