Bar Exam (U.S) Evidence: Boone and Collins were passengers on a Miami to Los Angeles Delta airli...

Question

Boone and Collins were passengers on a Miami to Los Angeles Delta airline flight. They were seated next to one another in the first-class section of the plane. Midway through the flight, Boone excused herself and went to the restroom. While she was gone, Collins rummaged through Boone's purse and stole $100 in cash. Unknown to Collins, Duke, a Delta flight attendant, saw him steal the money. As is customary in such situations, Duke radioed ahead and police officers arrested Collins when the plane landed in Los Angeles.

Collins was subsequently charged with violating an applicable federal larceny statute. During the trial, the prosecuting attorney called Collins' wife as a willing witness against her husband. She proposed to testify that Collins confided to her that he did steal Boone's money during the airline flight. Collins' attorney objected on the grounds of hearsay and privilege.

Mrs. Collins' proposed testimony is

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    admissible, because it is neither hearsay nor privileged
  2. B
    Correct Answer
    inadmissible, because it is hearsay not within any exception, though it is not privileged
  3. C
    Correct Answer
    inadmissible, because it discloses a privileged communication, though it is not hearsay
  4. D
    Correct Answer
    inadmissible, both because it discloses a privileged communication and because it is hearsay not within any exception
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