Hearsay Always Needs 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
14824_banner_drone · EVIDENCE · Choice ANo, because statements made under belief of imminent death may be used only in prosecutions for homicide.
Why it's attractive
The word only narrows a rule; the problem is visible only after the dying-declaration Gold Key.
Why it's wrong
The word only narrows a rule; the problem is visible only after the dying-declaration Gold Key.
14824_banner_drone · EVIDENCE · Choice CNo, because the affidavit is hearsay and no hearsay exception covers it.
Why it's attractive
This choice treats the affidavit as ordinary hearsay needing an exception instead of foundation evidence for the judge.
Why it's wrong
This choice treats the affidavit as ordinary hearsay needing an exception instead of foundation evidence for the judge.
14824_banner_drone · EVIDENCE · Choice DYes, because, although hearsay, the affidavit is a statement of then-existing mental condition.
Why it's attractive
This choice says yes but reaches yes through an exception label attached to the wrong evidence item and layer.
Why it's wrong
This choice says yes but reaches yes through an exception label attached to the wrong evidence item and layer.
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