This question should be answered using two IRAC structures. Please include all relevant keywords in your answer.
Bert and Ernie argue at a bar after a football game. Bert says to Oscar, “Ernie stole money from my wallet!” Just before a fight breaks out, Bert says to Ernie, “I’m going to kill you!” Bert dies during the fight. Ernie is charged with homicide and asserts a claim of self-defense at trial. Oscar is called to testify to the first statement to prove that Ernie stole money from Bert’s wallet, and the second statement to prove that Bert was the aggressor in the fight. Are Bert’s statements inadmissible hearsay?
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Hint
To answer this question, you should think about and discuss what the definition of hearsay is, and whether Bert’s first statement falls under the definition of hearsay. Next, think about and discuss whether a statement that is offered to prove intent, rather than the trust of the matter asserted, is hearsay.
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Bert's First Statement
Bert's Second Statement
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