Paralegal

Category - Judgement

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Which of the following is NOT an out-of-court statement?
  1. Sheldon is called to testify that, at the restaurant, Leonard said he would pay Raj the money he owes.
  2. Jerry is asked to testify about hearing and seeing Newman yelling at George in George’s lawsuit against Newman.
  3. Gilligan is asked to testify that the Captain admitted to being lost before the storm stranded everyone on the island.
  4. Rachel is called to testify that she heard Chandler say he lost Joey’s television set in a poker game.
Explanation
Answer: B - Jerry is asked to testify about hearing and seeing Newman yelling at George in George’s lawsuit against Newman. Answer B is correct because Jerry will only be testifying about his personal knowledge-what he saw and the yelling he heard-and not about the content of any statement. In all of the other answer choices, the witness called will be testifying about the content of a statement made by another person outside of the trial setting.
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