Any Post Event Statement Is Excited Utterance
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
22229_stephen-canoe · EVIDENCE · Choice ANo, because it is an excited utterance.
Why it's attractive
The statement is about insurance, not about the accident that caused the excitement
Why it's wrong
The statement is about insurance, not about the accident that caused the excitement
22229_stephen-canoe · EVIDENCE · Choice CNo, because it is an admission of a party.
Why it's attractive
Even if it's not hearsay, it still has to be relevant — and insurance isn't relevant to negligence
Why it's wrong
Even if it's not hearsay, it still has to be relevant — and insurance isn't relevant to negligence
22229_stephen-canoe · EVIDENCE · Choice DYes, because it relates to a compromise offer.
Why it's attractive
Stephen didn't offer anything in exchange for dropping the claim
Why it's wrong
Stephen didn't offer anything in exchange for dropping the claim
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