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Benchmarks / Evidence

Hearsay Identification

Given a short fact pattern, decide whether the out-of-court statement is being offered for the truth of the matter asserted (hearsay) or for a non-hearsay purpose (effect on listener, verbal act, state of mind, impeachment). Modeled on the LegalBench hearsay task.

system: "You are a careful U.S. lawyer taking a graded exam. Answer with exactly one word: YES if the statement is hearsay, NO if it is not."

Items (10)

  1. 1.
    To prove the light was red, plaintiff offers a bystander's testimony that a passerby told him, 'That car ran the red light.' Is the passerby's statement hearsay?
    gold: YES
  2. 2.
    To prove that the landlord had notice of the leak, tenant testifies she told the landlord, 'The ceiling in unit 4 is leaking.' The statement is offered only to show the landlord heard it. Is it hearsay?
    gold: NO
  3. 3.
    To prove a contract was formed, plaintiff testifies that defendant said, 'I accept your offer.' Is defendant's statement hearsay?
    gold: NO
  4. 4.
    To prove the defendant was in Chicago on March 3, the prosecution offers a letter from defendant's sister stating, 'Bob was here in Chicago with me on March 3.' Is the letter hearsay?
    gold: YES
  5. 5.
    On cross-examination, defense counsel confronts a witness with her earlier deposition statement that contradicts her trial testimony, offered solely to impeach her credibility. Is the deposition statement hearsay?
    gold: NO
  6. 6.
    To prove the brakes were defective, plaintiff offers a mechanic's written note reading, 'Rear brake line corroded through.' The mechanic does not testify. Is the note hearsay?
    gold: YES
  7. 7.
    To show the declarant was alive at 9 p.m., a witness testifies that at 9 p.m. the declarant said, 'What a beautiful evening.' Is the statement hearsay?
    gold: NO
  8. 8.
    To prove the defendant owned the gun, the prosecution offers testimony that an informant said, 'That's Marcus's gun.' Is the informant's statement hearsay?
    gold: YES
  9. 9.
    In a defamation suit, plaintiff offers testimony that defendant said to a crowd, 'Plaintiff is a thief.' The statement is offered to prove the defamatory words were spoken. Is it hearsay?
    gold: NO
  10. 10.
    To prove the price agreed, plaintiff offers an email from a third party to plaintiff stating, 'The seller told me the price was $50,000.' Is the seller's statement, as relayed in the email, hearsay?
    gold: YES