IL Bar Practice Questions - Illinois Bar Examination Exam

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In a negligence action, the plaintiff calls a witness to testify that immediately after a car accident the defendant exclaimed, 'I can't believe I ran that red light!' The defendant objects on hearsay grounds. How should the court rule?

Sustained, because the statement is inadmissible hearsay Sustained, because excited utterances are never admissible Overruled, because the statement is an opposing party's statement (admission) and is not hearsay Overruled, because all statements about accidents are admissible

Correct Answer:

Overruled, because the statement is an opposing party's statement (admission) and is not hearsay

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