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Song Hearsay Case

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The definition of hearsay is “a statement a party offers in evidence to prove the truth of the matter asserted in the statement.” FRE 801(c)(2). Song’s testimony is not hearsay because Song is a party opponent in this case. FRE 801(d)(2)(A). In this case, the testimony would be admissible under FRE 804(b)(1) because the Kensington cooking class instructor is not available to testify under FRE 804(a)(4). Also, the instructor gave statement directly to Song at the cooking class in the same way that Song would be testifying at the trial. Moreover, the Defendant would be able to identify the instructor for cross-examination purposes plus Song would be on trial for cross-examination of the testimony for the truth of the matter asserted. FRE 804(b)(1). …show more content…

No reason appears why the instructor would have made such a statement unless it were true during the cooking class. Therefore, the statement is admissible under FRE 804(b)(3) to prove that Song was not negligent in her actions. In this case, Song only lit the grill and walked away because she recalled the Kensington cooking class instructor stating that she could lit the grill, let it get hot and leave the lid open to prep the food for as long as it took to get the food ready. Therefore, the statement is admissible under FRE 804(a)(4) for the purposes of this

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