A Defendant Cannot Offer Her Own Prior Statement In Her Favor
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
14789_ruth_wedding_dress · EVIDENCE · Choice Ainadmissible, because it is offered to establish an alibi by the defendant's own statement.
Why it's attractive
No rule of evidence bars the defendant from offering her own prior statement of plan. The 'party-opponent' exemption (FRE 801(d)(2)) is the inverse situation and is irrelevant here.
Why it's wrong
No rule of evidence bars the defendant from offering her own prior statement of plan. The 'party-opponent' exemption (FRE 801(d)(2)) is the inverse situation and is irrelevant here.
14789_ruth_wedding_dress · EVIDENCE · Choice Badmissible, because the statement falls within the present sense impression exception to the hearsay rule.
Why it's attractive
PSI requires a statement 'describing or explaining an event or condition, made while or immediately after' perceiving it. A forward-looking plan for the next four days is not a current perception.
Why it's wrong
PSI requires a statement 'describing or explaining an event or condition, made while or immediately after' perceiving it. A forward-looking plan for the next four days is not a current perception.
14789_ruth_wedding_dress · EVIDENCE · Choice Dinadmissible, because it is hearsay not within any exception.
Why it's attractive
Default exclusion is wrong when a taught no-unavailability exception (803(3)) actually fits the fact pattern. 'No exception applies' is a flat denial of the most-tested hearsay rule on the MBE.
Why it's wrong
Default exclusion is wrong when a taught no-unavailability exception (803(3)) actually fits the fact pattern. 'No exception applies' is a flat denial of the most-tested hearsay rule on the MBE.
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