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MMLU-Pro / 1969 / A witness lived next door to a victim. Late one night, the witness overheard the…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A witness lived next door to a victim. Late one night, the witness overheard the victim scream, "The defendant, please don't do it!" The next day the victim was found dead in her bedroom. The defendant was arrested and charged with murdering the victim. At trial, the witness proposes to testify to the victim's statement. Upon objection by defendant's counsel, the court should rule the witness's testimony regarding the victim's statement

category

law

options

  1. admissible as a past recollection recorded if the witness can confirm the statement was made.
  2. admissible as a dying declaration if the jury determines that the victim believed that her death was imminent.
  3. admissible as a dying declaration if the judge, by preponderance of the evidence, determines that the victim believed that her death was imminent.
  4. inadmissible, because the probative value is substantially outweighed by the danger of unfair prejudice.
  5. inadmissible, because the statement was not made under oath.
  6. inadmissible as hearsay not within any recognized exception.
  7. inadmissible, because the statement is considered a character evidence.
  8. admissible, because the statement is a present sense impression.
  9. inadmissible, because the statement can lead to a character attack on the defendant.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1969
task_id
e1164bd3-fc41-5d6e-b10e-adf5ff966ab6
task_key
default--test--1969
task_revision_id
1
config / split
default / test

Official source

initial import