Asked by Canadabound Nottoya on Jul 13, 2024
Verified
James comes across Jack bleeding to death in a dark alley. Jack tells James that he was stabbed by a 6-foot-tall man wearing a green coat. James may
A) not testify in court because of the hearsay rule.
B) testify in court because of the dying declaration exception to the hearsay rule.
C) not testify in court because no one else was present when Jack spoke.
D) testify in court only if he had never met Jack before he found him in the alley.
Hearsay Rule
A legal rule that prohibits the use of secondhand testimony in court if it is offered to prove the truth of the matter asserted unless an exception to the rule applies.
Dying Declaration Exception
A rule in law that allows the admission of a statement made by a person believing they were about to die, relating to the cause or circumstance of their death, as evidence in court.
- Determine and clarify exceptions within the hearsay guideline.
- Comprehend the principles and utilization of hearsay within judicial evidence.
Verified Answer
SP
Simon PeterJul 17, 2024
Final Answer :
B
Explanation :
The dying declaration exception to the hearsay rule allows statements made by a person who believes they are about to die, concerning the cause or circumstances of what they believe to be their impending death, to be admissible in court. Since Jack was bleeding to death and made a statement about how he was injured, James can testify about what Jack said under this exception.
Learning Objectives
- Determine and clarify exceptions within the hearsay guideline.
- Comprehend the principles and utilization of hearsay within judicial evidence.