Dead Man S Statute Makes Dying Declarations Admissible Statute Effect Confusion
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
22198_antiquarian_smuggler · EVIDENCE · Choice Adenied, since the jurisdiction has a 'dead man's statute.'
Why it's attractive
The distractor names a statute but does not state what that statute does. Dead man's statutes are exclusionary; they cannot be cited as a reason to admit evidence. Even if applicable, FRE 804(b)(2) supplies an independent basis for admission.
Why it's wrong
The distractor names a statute but does not state what that statute does. Dead man's statutes are exclusionary; they cannot be cited as a reason to admit evidence. Even if applicable, FRE 804(b)(2) supplies an independent basis for admission.
22198_antiquarian_smuggler · EVIDENCE · Choice Bgranted, since Paul received transactional immunity.
Why it's attractive
The distractor imports a criminal-procedure shield into a civil evidence question. Match the doctrine to the forum: transactional immunity prevents the government from prosecuting the witness; it does not bar a private civil action and has no operation on a hearsay motion.
Why it's wrong
The distractor imports a criminal-procedure shield into a civil evidence question. Match the doctrine to the forum: transactional immunity prevents the government from prosecuting the witness; it does not bar a private civil action and has no operation on a hearsay motion.
22198_antiquarian_smuggler · EVIDENCE · Choice Dgranted, since a dying declaration is admissible only in a trial for criminal homicide.
Why it's attractive
The 'only' is a tiered_absolute C3 cut. The common-law rule did limit dying declarations to criminal-homicide prosecutions, but the Federal Rules expressly expand the exception to civil cases. The forum here is civil, so the exception is satisfied. (Gold Key GK-EVIDENCE-DYING-DECL-01 names the scope flip.)
Why it's wrong
The 'only' is a tiered_absolute C3 cut. The common-law rule did limit dying declarations to criminal-homicide prosecutions, but the Federal Rules expressly expand the exception to civil cases. The forum here is civil, so the exception is satisfied. (Gold Key GK-EVIDENCE-DYING-DECL-01 names the scope flip.)
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