SD Bar Practice Questions - South Dakota Bar Examination Exam

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Plaintiff sues Defendant for negligence. At trial, Plaintiff calls Witness, who testifies that immediately after the collision Defendant exclaimed, 'I'm so sorry — I was looking at my phone!' Defendant objects on hearsay grounds. Under the Federal Rules of Evidence, the statement is:

Inadmissible hearsay, because it is being offered for the truth of the matter asserted Admissible as a present sense impression under FRE 803(1) Admissible as an opposing party's statement under FRE 801(d)(2)(A) Inadmissible because Plaintiff has not laid a foundation that Defendant was excited

Correct Answer:

Admissible as an opposing party's statement under FRE 801(d)(2)(A)

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