KS Bar Practice Questions - Kansas Bar Examination Exam

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Under the dying-declaration exception to the hearsay rule (FRE 804(b)(2)), a statement made by a now-unavailable declarant about the cause or circumstances of impending death is admissible:

In any criminal or civil case without limitation In a prosecution for homicide or in any civil case, while the declarant believed death was imminent Only in murder cases, never in civil litigation Only if the declarant in fact died

Correct Answer:

In a prosecution for homicide or in any civil case, while the declarant believed death was imminent

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