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MMLU / A shopper slipped and fell on a wet spot at the local mall, suffering injuries.…

Problem

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question

A shopper slipped and fell on a wet spot at the local mall, suffering injuries. The shopper has sued the mall owner for negligence. At trial, the shopper's housekeeper testified that the shopper was bedridden and unable to work for a month because of the sprained back she suffered when she fell at the mall. The housekeeper also testified that about one week after the shopper returned home from the hospital, the shopper told her, "My back is really killing me. The pain is excruciating. It'll be a miracle if I can ever stand up again. " The mall's counsel then moved to strike the housekeeper's testimony. The motion should be

choices

  1. granted, because the housekeeper's testimony is hearsay not within any recognized exception.
  2. granted, because the housekeeper's testimony would be self-serving.
  3. denied, because the housekeeper's testimony would be admissible as an adoptive admission.
  4. denied, because the shopper's statement to her housekeeper would be admissible as a declaration of present bodily condition.

subject

professional_law

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Source and history

task_id
e886a33e-fc74-5188-b632-c62fc93103ab
task_key
all--test--e886a33e-fc74-5188-b632-c62fc93103ab
task_revision_id
1
config / split
all / test

Official source

initial import