Ber Is A Hearsay Exception
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
22211_lydia-purple-cloth · EVIDENCE · Choice AAn original document under the best evidence rule.
Why it's attractive
BER governs when originals are required, not whether hearsay is admissible
Why it's wrong
BER governs when originals are required, not whether hearsay is admissible
22211_lydia-purple-cloth · EVIDENCE · Choice BA present recollection refreshed.
Why it's attractive
FRE 612 lets a witness testify from refreshed memory; the document is not admitted as an exhibit
Why it's wrong
FRE 612 lets a witness testify from refreshed memory; the document is not admitted as an exhibit
22211_lydia-purple-cloth · EVIDENCE · Choice DA past recollection recorded.
Why it's attractive
PRC requires the record to be made from the witness's own memory; Lydia never inspected the shipment
Why it's wrong
PRC requires the record to be made from the witness's own memory; Lydia never inspected the shipment
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