PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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A witness is asked on the stand to identify the defendant as the person she saw commit the crime. This is in-court testimony based on the witness's own perception. Is this testimony hearsay?

Yes, because all identifications are hearsay Yes, unless the witness is unavailable No, because in-court testimony by a witness subject to cross-examination is not an out-of-court statement No, but only if the identification was previously recorded

Correct Answer:

No, because in-court testimony by a witness subject to cross-examination is not an out-of-court statement

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