Crucial Exams

Multistate Bar Examination Practice Question

During a civil trial about property damage, a witness testifies that weeks before the incident, a neighbor (who is now unavailable to testify) confided in her, 'I never fixed the retaining wall because I knew it was likely to collapse.' The neighbor's statement is being offered to show that the retaining wall was negligently maintained. Should the statement be admitted as evidence?

  • Yes, the statement is admissible because it constitutes a statement against the declarant's pecuniary or civil interest and the declarant is unavailable.

  • Yes, the statement is admissible because its probative value in proving negligence outweighs its prejudicial effect.

  • No, the statement is inadmissible because the declarant's motives or credibility cannot be sufficiently examined.

  • No, the statement is inadmissible because it is hearsay not subject to any exceptions.

Multistate Bar Examination
Evidence
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