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MMLU / A relevant fact in a plaintiff's suit is the magnitude of an explosion at an oil…

Problem

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question

A relevant fact in a plaintiff's suit is the magnitude of an explosion at an oil refinery one evening. At trial, the plaintiff was asked on direct examination if he remembered the explosion. He replied, "I recall my son running into the home and screaming that the car windows just shattered. " The son was available to testify at trial. The defendant's attorney makes a motion to strike the plaintiff's answer. The trial judge should rule the plaintiff's testimony

choices

  1. admissible, because the son is available as a witness.
  2. admissible, whether or not the son is available as a witness.
  3. inadmissible as hearsay not within any recognized exception.
  4. inadmissible under the excited utterance exception, because it can be a product of reflection and deliberation.

subject

professional_law

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Source and history

task_id
02f7741b-e55c-5831-908c-78035279f9e3
task_key
all--test--02f7741b-e55c-5831-908c-78035279f9e3
task_revision_id
1
config / split
all / test

Official source

initial import