Final answer:
In an automobile collision case, the plaintiff introduced the bystander's excited utterance as evidence that the defendant ran the red light. The defendant's witness testified that the bystander previously said the defendant went through a yellow light. This situation involves the concept of hearsay in the context of evidence in a courtroom.
Step-by-step explanation:
In an automobile collision case brought by a plaintiff against a defendant, the plaintiff introduced evidence that a bystander made an excited utterance that the defendant ran the red light. The defendant called a witness to testify that later the bystander, now deceased, told the witness that the defendant went through a yellow light.
This situation involves the concept of hearsay in the context of evidence in a courtroom. Hearsay refers to an out-of-court statement made by someone who is not available to be cross-examined. In general, hearsay is considered inadmissible in court, as it is seen as unreliable. However, there are exceptions to the hearsay rule, one of which is an excited utterance. An excited utterance is a spontaneous statement made by a person under the influence of an exciting or shocking event. The statement is considered reliable and can be admitted as evidence.
In this case, the plaintiff introduced the bystander's excited utterance as evidence that the defendant ran the red light. The defendant attempted to challenge the credibility of the bystander's statement by calling a witness who testified that the bystander had previously said the defendant went through a yellow light. This testimony is also considered hearsay, as it is an out-of-court statement made by a person who is not available for cross-examination. However, it is up to the judge to determine the admissibility of this evidence based on the specific circumstances of the case.