Bar Exam Questions

Bar Exam Multiple Choice Questions

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Today's Question:

Question Of The Day

In a personal injury case, the defendant called a bystander to testify that, at the time of the accident, he and his father were standing on the sidewalk at the corner of the intersection. Just before the collision, the bystander’s father stated that the taxi just ran the red light. The bystander’s father has since died. Should the judge permit the bystander testify to what his father stated before the accident?

(A) Yes, because the bystander’s father is unavailable.

(B) Yes, because it is a present sense impression.

(C) Yes, because it is an excited utterance.

(D) No, because the out-of-court declarant could have confused the taxi with the defendant’s car.