MN Bar Practice Questions - Minnesota Bar Examination Exam

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A declarant, while under the stress of a startling event, exclaims a statement about that event. The opponent objects on hearsay grounds. Which exception most likely applies?

Present sense impression only, requiring the statement be made days later Dying declaration, requiring belief of imminent death in all cases Excited utterance under FRE 803(2), made while under the stress of excitement caused by the event Former testimony under FRE 804(b)(1)

Correct Answer:

Excited utterance under FRE 803(2), made while under the stress of excitement caused by the event

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