Assume that Rule 801(a) through (c) provides the applicable standard. You should consider the evidence to be hearsay if it fits within those definitional provisions and not hearsay if it doe

In each example, the only question is whether the evidence offered is or is not hearsay. Assume that Rule 801(a) through (c) provides the applicable standard. You should consider the evidence to be hearsay if it fits within those definitional provisions and not hearsay if it does not. As you have seen, some statements that qualify as hearsay under those provisions are defined to be “not hearsay” by Rule 801(d). That has no bearing on these questions. In other words, answer the questions as if FRE 801(d) did not exist. Remember that the issue is hearsay versus not hearsay, not admissibility versus excludability. You will discover when you take up the exceptions that many statements that are hearsay are also admissible, so do not let your instinct that something is admissible lead you to conclude that it must not be hearsay!

1. As proof that C assumed the risk of accident on account of faulty brakes in riding in D’s car, D’s testimony that “I told C before he got in that something was wrong with my brakes.”

2. As proof that G stole a car, testimony by the officer who stopped G and his girlfriend H, that she falsely stated at that time, “This car belongs to my brother.”

3. As proof that the time was about midnight when K entered the building, testimony by L that she saw K come in and mentioned it to M ten minutes later, coupled with M’s testimony that it was “just past midnight when L told me that she saw K enter.”

4. As proof that P and Q had never met before, testimony by an eyewitness that Q said to P on parting after a short conversation, “Very nice to meet you.”

15. As proof that defendant S participated in a criminal venture under duress, evidence that coparticipant T told him, “We will kill you if you don’t help us.”

6. As proof that defendant V owned a .32 caliber pistol, testimony by a police officer that when he asked V’s father W whether V owned such a pistol, W went to a drawer in the house where he and V lived, pulled out a .32 caliber pistol, and handed it to the officer.

7. As proof that officer Y acted in good faith in arresting Z, offered by Y in defending against the claim brought by Z for violation of his rights, evidence that the prosecuting attorney told Y, “you have probable cause to arrest Z.”

8. As proof that B had committed a prior bank robbery, evidence that she was prosecuted for that crime and that a jury had found her guilty.

9. As proof that his brakes were bad, evidence that D said, “I think I ought to reline my brakes before anybody drives the car.”

10. As proof that G knew H, evidence that G had in his cellphone directory H’s name and H’s phone number.

11. As proof that K did not have permission to drive the car to Sacramento, testimony that owner L had told K “not to drive it out of San Francisco.”

12. As proof that the stairs in Bloomingdeal’s Department store were adequately lighted, testimony by the floor manager that in six years several customers had complained that they were a long hard climb but no one had mentioned any lighting problem.

13. As proof that the hit-and-run driver drove a Porsche, testimony that the logo on the rear of the vehicle in question read “Porsche.”

14. On the issue set out in question 27, testimony that on the day after giving the check to P, O was heard to say, “I paid my rent for April.”

15. As proof that the train had come from the west, testimony by eyewitness S that she pointed in the direction of the train when she heard it coming, coupled with testimony by a police officer present at the scene that the direction in which T pointed was west.

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