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MMLU / A man is sitting on a beach chair, peacefully and in a relaxed meditative state,…

Problem

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

question

A man is sitting on a beach chair, peacefully and in a relaxed meditative state, when a truck racing on the sand ran down a sunbathing elderly person. The man said out loud, "Oh God, look what that truck driver did. The man driving that truck was racing and going about 100 mph.! Someone call 911!!" A woman, who was sitting on the beach nearby, but facing the other way, heard the man's outcry. When the case comes to trial, will the court allow both the man and the woman to testify about the man's utterances?

choices

  1. Yes, both the woman and the man can testify because it is an excited utterance exception to the hearsay rule that goes to the material issue of the case.
  2. Yes, because this is not hearsay and it is not being entered for the truth of the statement by either witness so that they can both testify.
  3. No, neither of them can testify because the man was impaired due to being too relaxed from his meditation, and the woman cannot repeat the utterances of an impaired witness.
  4. No, neither can testify because the utterances do not fit any of the exceptions to the hearsay rule.

subject

professional_law

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Source and history

task_id
e7a19996-2c50-58eb-9e0d-46ee403b37e0
task_key
all--test--e7a19996-2c50-58eb-9e0d-46ee403b37e0
task_revision_id
1
config / split
all / test

Official source

initial import