Crucial Exams

Multistate Bar Examination Practice Question

A man is on trial for assault. The prosecution seeks to admit a statement made by the victim to a bystander shortly after the alleged incident. The victim told the bystander, 'My arm is in pain and I'm having trouble breathing.' Is the victim's statement admissible under an exception to the hearsay rule?

  • No, because the victim’s statement was not given under oath.

  • Yes, because the statement relates to the victim's current physical symptoms.

  • No, because the victim made the statement to a bystander rather than an authority figure.

  • Yes, because the statement was made close in time to the event, making it intrinsically credible.

Multistate Bar Examination
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