Crucial Exams

Multistate Bar Examination Practice Question

During a negligence trial, a coworker testifies that, seconds after slipping on a wet floor, the plaintiff exclaimed, "I feel dizzy and extremely anxious-I think I am going to faint!" The plaintiff offers the coworker's testimony to prove the plaintiff's condition immediately after the fall. If the defense objects that the testimony is hearsay, which of the following best justifies admitting the statement?

  • It is an excited utterance.

  • It is a statement of the declarant's then-existing emotional or physical condition.

  • It is a statement against interest.

  • It was made for purposes of medical diagnosis or treatment.

Multistate Bar Examination
Evidence
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