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MMLU / In a false imprisonment action by a plaintiff against a defendant, the plaintiff…

Problem

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question

In a false imprisonment action by a plaintiff against a defendant, the plaintiff calls a witness to testify that the incident occurred on particular date. The witness was not questioned about an affidavit he made for trial in which he stated that the incident occurred on a different date. After the witness left the stand, but before he was excused, the defendant's attorney offers into evidence the affidavit. Assuming that the affidavit is properly authenticated, the trial judge should rule it

choices

  1. admissible as substantive evidence.
  2. admissible for impeachment purposes only.
  3. inadmissible, because the defendant's attorney failed to question the witness about the affidavit while on the stand.
  4. inadmissible as hearsay not within any recognized exception.

subject

professional_law

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