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MMLU / A defendant was indicted for engaging in a fraudulent investment scheme. At the…

Problem

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question

A defendant was indicted for engaging in a fraudulent investment scheme. At the criminal trial, the prosecutor called a witness who had participated in the scheme with the defendant. The witness testified about the operation of the scheme and was cross-examined by the defendant's attorney. The case resulted in a mistrial. An investor who was allegedly defrauded by the scheme has now brought a civil action against the defendant. She seeks to introduce the witness's testimony from the criminal trial. The witness has testimony from the criminal trial. The witness has moved to a foreign country. Is the witness's testimony in the criminal trial admissible in the civil action?

choices

  1. No, because the burden of proof in a criminal action is different from the burden of proof in a civil action.
  2. No, because the parties are not identical in the two actions.
  3. Yes, because it is prior testimony of an unavailable declarant.
  4. Yes, but only if the investor demonstrates that she was unable to obtain the testimony of the witness by deposition.

subject

professional_law

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Source and history

task_id
50802575-a181-5853-992e-c85d9e08ba6c
task_key
all--test--50802575-a181-5853-992e-c85d9e08ba6c
task_revision_id
1
config / split
all / test

Official source

initial import