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MMLU-Pro / 1426 / A plaintiff sued a department store for injuries she sustained when she slipped…

Problem

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question

A plaintiff sued a department store for injuries she sustained when she slipped and fell in the store. At trial, the plaintiff proposes to testify that, when the store manager rushed to the scene, he said to the plaintiff, "I'm so sorry about the water on the floor there, but don't worry €”the store will pay for the ambulance and your hospital bill." The store's attorney objects. How should the court rule on the admissibility of the store manager's testimony?

category

law

options

  1. The testimony is inadmissible, because it is considered a hearsay exception for statements of personal or family history.
  2. The testimony about the water is an admissible statement of an opposing party, but the rest of the testimony is inadmissible as an offer to pay medical expenses.
  3. The testimony is inadmissible in its entirety, because it is hearsay not within any exception.
  4. The testimony is admissible in its entirety as the statement of an opposing party.
  5. The testimony is admissible in its entirety, because it is considered a party admission.
  6. The testimony is inadmissible in its entirety, because the manager's statement is in the context of an offer to pay medical expenses.
  7. The testimony is admissible in its entirety as a res gestae statement.
  8. The testimony is inadmissible because it violates the rule against hearsay, with no applicable exceptions.
  9. The testimony about the water is inadmissible, but the statement about paying for the ambulance and hospital bill is admissible as an admission of guilt.
  10. The testimony is inadmissible in its entirety, because it is an out-of-court statement offered for the truth of the matter asserted.

src

ori_mmlu-professional_law

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