Juris Doctor (JD) — Multistate Bar Examination (MBE)

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In a legal case for the conversion of her car, the plaintiff is seeking to present evidence that the defendant approached her at her place of employment after her car vanished and claimed, ""I just stole your car. How does being stranded feel?The entire exchange was captured on camera by the company's security system. Regarding the plaintiff's testimony regarding his statement, the respondent objects. Is the plaintiff's testimony about the comment made by the defendant admissible?

No, because it is hearsay not within any exception. Yes, as a declaration against interest. Yes, because it is not hearsay. No, because the tape recording is the best evidence.

Correct Answer:

Yes, because it is not hearsay.

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