A witness at the scene testifies that she heard an employee say, “I forgot to put up the wet floor sign.”

Sally falls on the floor in the ACME. A witness at the scene testifies that she heard an employee say, “I forgot to put up the wet floor sign.”  Sally, the plaintiff, wishes to use the statement to prove that the defendant ACME is negligent.  Is the statement hearsay?  Yes or No. Why?

Same situation as (1), except the statement is being used to prove that the employee can talk. Is the statement hearsay? Yes or No. Why?

A witness testifies that she heard Joe say “Hey that is Sally in that black car.” The statement is being used to show that Joe knows Sally.  Is the statement hearsay? Yes or No. Why?

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