(1) to prove that defendant assaulted victim, a little girl, plaintiff offers witness testimony that when the

victim saw defendant in a line-up she ran to her mother and clung to her skirt. is the testimony hearsay? answer: Not hearsay since the girl by her conduct did not intend to make an assertion that the defendant is the one who assaulted her. explanation: although hearsay may include conduct it must be shown that such conduct is intended by the actor as an assertion and since the act was done by a little girl it may be concluded that such act was done at as an intended assertion but more of a response produced by fear Wrong answer: 1. Yes, it hearsay but is still admissible being part of the res gestae. 2. Yes, it is hearsay since the act of the victim is an assertion showing that the defendant is the one who assaulted her.

(2) to prove that defendant assaulted victim, a little girl, plaintiff offers witness testimony that when the victim saw defendant in a line-up, the victim said "mommy don't let that man near me"

answer: not hearsay since such statement "mommy don't let that man near me" is not offered to show the truth of its contents but only to show that such statement was made, is the testimony hearsay? explanation:, thus it is not hearsay. " statements offered a for a non hearsay purpose like statements relating to the state of mind of the declarant or relating to the state of mind of the listener are admissible. Words uttered, in this regard, merely constitute circumstantial evidence of an assertion and where making of the statement is the significant fact because it either gives rise to the inference about the declarant's state of mind or indicates its effect to the hearer"

Wrong answer: 1. it hearsay but is still admissible being part of the res gestae. 2. it is hearsay since the act of the victim is an assertion inferring that the defendant is the one who assaulted her.

(3) to prove that doctor defendant checked in on patient plaintiff earlier in the day, Nurse testifies "I saw doctor defendant and he told me 'patient is doing fine' " is such testimony admissible.

answer: inadmissible hearsay since such statement is used inferentially to imply that the doctor has checked in on patient plaintiff Wrong answer: 1. admissible since the statement did not specifically assert that he saw the patient which is what is needed to be proved 2. inadmissible