Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
78. Should the court permit the daughter to testify about her brother's statement over the defendant's objection?
A defendant has been sued for theft by his former employer. At trial, the employer seeks to call the defendant's estranged daughter to testify. The daughter would testify that her brother told her, «I helped [the defendant] steal money from his employer.» The brother is available to testify but would be a hostile witness. The defendant's attorney objects to the daughter's testimony on hearsay grounds. The employer argues that the statement is admissible under the hearsay exception for statements against interest.
This is a last question in category
« Go to questions from category Hearsay and Circumstances of Its AdmissibilityComments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
B is incorrect. The hearsay exception for statements against interest may be used in civil or criminal cases.
C is incorrect. The statement is inadmissible due to the brother's availability to testify. Although the statement is clearly against the brother's interest since his statement exposes him to criminal liability, that alone is not a sufficient condition for admissibility. The brother's unavailability, as the declarant, also needs to be established.
D is incorrect. The statement is inadmissible due to the brother's availability to testify. Even if the employer could show corroboration, the statement would not be admissible through the hearsay exception for statements against interest.