Bar Exam (U.S) Evidence: Plaintiff Philip Miller was seriously injured in a collision involving ...

Question

Plaintiff Philip Miller was seriously injured in a collision involving three trucks. A sideswipe occurred between Miller's pick-up truck and a trailer truck driven by Max Barnes as they passed in opposite directions on Route 141. The sideswipe caused Miller's truck to careen down the road and into the path of a third trailer truck operated by Clive Anton. Clive was immediately killed. Both of the trailer trucks were owned by Continental Transport Co.

Miller further offers the testimony of Tom Green in which he stated that "Max Barnes, driver of the trailer truck, ran over to Miller as he was lying on the ground awaiting an ambulance, and said 'It is all my fault, I should have been paying more attention to my driving.' " Assume for this question that Continental Transport Co. is the defendant and that Barnes is available to testify. The trial judge should rule that the testimony is

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

  1. A
    Correct Answer
    admissible as a declaration against interest
  2. B
    Correct Answer
    admissible as a present sense impression
  3. C
    Correct Answer
    admissible as a vicarious admission
  4. D
    Correct Answer
    inadmissible as hearsay, not within any of the exceptions
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